1998-09-08MINUTES - MOUND CITY COUNCIL - SEPTEMBER 8~ 1998
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session
on Tuesday, September 8, 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, and
Leah Weycker. Councilmember Liz Jensen was absent and excused. Also in attendance were:
City Manager Edward J. Shukle, Jr., City Attorney John Dean, City Clerk Fran Clark, Finance
Director Gino Businaro, Park Director Jim Fackler, and the following interested citizens: John
Quist, Paul Haik, Dennis & Carolyn Leininger, Mark & Gina Smith, John Eccles, Dale Becker,
Lorell Becket, Timothy Becker, Gene Smith, Bob & Connie Schmidt, Becky Cheme, Greg
Knutson, Gretchen Smith, and Pat Meisel.
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.
The Mayor stated there is one Add-on to the Consent Agenda. It is the appointment
of Election Judges.
1.0
APPROVE AGENDA. At this time items can be added to the Agenda that are not listed
and/or items can be remov~ from the Consent Agenda and voted upon after the Consent
Agenda has been approved.
1.1
*CONSENT AGENDA
MOTION made by Ahrens, seconded by Hanus to approve the Consent Agenda, as
amended. A roll call vote was unanimously in favor. Motion carried.
'1.2
APPROVE THE MINUTES OF THE AUGUST 25, 1998 REGULAR MEETING,
MOTION
Ahrens, Hanus, unanimously.
*1.3
APPROVAL OF RESOLUTION 98- RESOLUTION AUTHORIZING EXECUTION
OF A GRANT AGREEMENT REGARDING HAZARDOUS MATERIALS
EMERGENCY PREPAREDNESS GRANT,
RESOLUTION #98-96
RESOLUTION AUTHORIZING EXECUTION OF
GRANT AGREEMENT
Ahrens, Hanus, unanimously.
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'1.4
MOUND CITY COUNCIL MINUTES - SEPTEMBER 8, 1998
REOUEST FOR A 0UASI PUBLIC FUNCTION - PORTABLE SIGN. OUR LADY
OF THE LAKE INCREDIBLE FESTIVAL.
MOTION
Ahrens, Hanus, unanimously.
*1.5
APPROVAL OF PAYMENT REOUF~T FOR 1998 SEALCOAT PROJECT.
MOTION
Ahrens, Hanus, unanimously.
'1.6
PAYMENT OF BILLS.
MOTION
Ahrens, Hanus, unanimously.
'1.7 RESOLUTION APPOINTING ELECTION JUDGES.
RESOLUTION #98-97
RF..SOLUTION APPOINTING ELECTION JUDGES AS
RECOM]VIENDED FOR THE PRIMARY AND
GENERAL ELECTIONS, SEPTEMBER 15, 1998 &
NOVEMBER 3, 1998
Ahrens, Hanus, unanimously.
1.8
CONTINUED PUBLIC HEARING; CASE 98-46: CONDITIONAL USE PERMIT.
LIGHT STANDARDS & MONOPOLE AT ~600 LYNWOOD BLVD,, WESTONKA
SCHOOL DISTRICT 277/US WEST WIRELESS, UNPLA~D 14 117 24,
PID#14-117-24 41 0011.
The Mayor asked for a report from the Staff. The City Manager explained that since the last
meeting, the City has engaged the services of a consultant to provide an objective opinion as to
the accuracy of data presented by U.S. West Wireless. Due to the fact that this consultant was
not in service until late last week, and the information that we have so far from U.S. West
Wireless has been sketchy, U. S. West Wireless has agreed to allow the City to have this
consultant look at their files and present a report to the Council, probably in an Executive
Session, at the next meeting, September 22, 1998. Therefore, the Staff recommended that the
public hearing be continued, as well as the decision on the variance issue.
MOTION made by Hanus, seconded by Weycker, to continue the public hearing on
the Conditional Use Permit and variance issues for light standards & monopole at
5600 Lynwood Blvd., Westonka School District 177/U.S. West Wireless, to the
September 22, 1998, Regular Council Meeting. The vote was unanimously in favor.
Motion carried.
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MOUND CITY COUNCIL MINUTES - SEPTEMBER 8, 1998
1.9
RF~_UF3T TO BE HEARD FRQM O~ AND ~AROLYN LEININ(~ER,
DUNDEE LANE RE: PREVIOUS VARIANCE REQUEST,
Mr. & Mrs. L~ininger were present and asked that the Council reconsider thc conditions in
Resolution 98-74 where they were granted front yard and sideyard setback variances to construct
a conforming sun porch. The condition was as follows: #1. A. The applicant would obtain
easements for the sidewalk and retaining wall encroachments on lots 4 and 6 from the
homeowners. The easements could be removed when the house is no longer useful or is
demolished for new construction. The easements are required to be in place prior to the issuance
of a building permit." The Leiningers explained that they do not think they should have to
obtain easements because the encroachments were there before they purchased the property.
This case was on the Consent Agenda at the July 14, 1998, City Council Meeting. It was the
Planning Commission's recommendation to have the applicant obtain easements from his
neighbors for both the sidewalk and the retaining wall. Mr. Leininger explained that he did not
know he could bring this up at the meeting on July 14th.
The City Planner explained that the Planning Commission looked at several options. 1. Let everything remain as it is; or
2. Remove some of the encroachments (that was not the preferred option); or
3. Have the applicant get the easements from the neighbors for the protection of the
property long-term so that future owners would be aware of the encroachments.
The Planning Commission chose the third option. The Council discussed the condition and the
fact that this would be the best option, but since the easements cannot be acquired, something
else may have to be looked at.
The City Attorney explained that it has been the position and policy of the City Council that
nonconforming structures on property are not to be allowed to be expanded or intensified unless
they are brought into conformity with the existing ordinance and that is done by either granting
a variance or by requiting that the nonconforming structure be physically brought up to current
city code. The way this is done is to negotiate with the applicant who is seeking to obtain some
improvement to the general circumstance on the property. That policy is justified because you
are permitting the intensification. You are revitalizing the use on this property and to the extent
some other feature, such as a sidewalks and walls, etc., are important to the continued operation
of the property. It would make sense that these be addressed whether or not the City requires
an easement or some other form of instrument, that is really a policy decision. There is no
legal requirement that easements be obtained in order for the applicant to go forward.
Mr. Leininger did not feel his addition should be conditioned on him obtaining easements from
his neighbors. He would prefer to work out the encroachments in agreements with his
neighbors.
The Council discussed this. The Council asked the applicant if he would be willing to remove
the sidewalk if the variance is approved. The applicant stated he would but he still does not
agree with removing it. He felt it should be an agreement between he and his neighbors.
The Council discussed amending Resolution g08-74, under the Now, Therefore, Be It Resolved,
to read as follows:
440
MOUND CITY COUNCIL MINUTES - SEPTEMBER 8, 1998
"1.
The City does hereby grant a 2 foot front yard setback , 1.8 foot side yard
setback variances for the garage and a 5.4 foot side yard setback (North), .9 foot
side yard setback (South) variances for the House for the purposes of
tructi g fo i g po h additio
cons n acon rmn rc n
A
The City Attorney suggested that if the City does not want some kind of an instrument that
perpetuates the sidewalk being located where it is, then the City Council might want to consider
allowing that sidewalk to remain in place until such time as the neighbor wants it removed from
his property.
Councilmember Hanus asked if the Council recognizes the variance for the sidewalk, is the City
approving the use of the neighbors property? The City Attorney stated no, that the variance only
pertains to the Leininger's property.
The Council discussed the past policy of requiring structures to be removed from a neighbor's
property.
The City Attorney suggested adding a number 7. to the proposed amendment as follows:
This action shall not be construed as having created or granted the applicant any
rights with respect to Lots 4 and 6.
MOTION made by Hanns, seconded by Ahrens to reconsider Resolution g98-74.
The vote was unanimously in favor. Motion carried.
Polston moved and Hanus seconded the following resolution:
RESOLUTION g98-98
RESOLUTION TO AME~ RESOLUTION//98-74 AS
PROPOSED
The vote was unanimously 4 in favor, with Jensen voting nay. Motion carried.
COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT,
1.10 Mr. Paul Haik, attorney representing the Peckers who owns two lots on Three Points
Blvd., requested that the City write a letter to the Minnehaha Creek Watershed District stating
that the City does not have a problem with MCWD holding a public hearing on a flood plain
issue.
The City Manager stated that there is a concern by the Staff that this property may be a
wetlands. The City Engineer's office has reviewed this and believes that it is and has asked the
Peckers to provide some information relative to delineating the wetlands and until that comes
back he does not want to issue the letter they are looking for.
441
MOUND CITY COUNCIL MINUTES - SEPTEMBER 8, 1998
Mr. Haik stated that he submitted an exemption application to the City Staff on Friday,
September 4th.
The City Attorney stated Mr. LeFevere of his firm spoke to the City Manager this afternoon and
suggested that, although the request for the letter in many ways makes good sense, but that it
is his recommendation that the letter be withheld for the time being. This will give the Staff
time to explore in more detail with the Watershed District, the background on this particular
matter. He did not feel this would be an extensive period of time. The Council agreed.
After discussion the Council suggested that Mr. Haik and the Beckers meet with the Staff and
provide the necessary information relative to the wetlands issue.
No action was taken.
1.11 RECONSIDERATION OF CITY COUNCIL'S PREVIOUS ACTION RE;
RELOCATION OF DOCK SITE//41866.
The City Manager explained that at the Special Council Meeting, August 18, 1998, an item was
added to the Agenda, relative to a dock site that had been applied for by a nonabutting property
owner on Devon Common. The Park Director has submitted a memo to the Council outlining
the result of trying to implement the Council's action. It was Fackler's understanding that the
action was based upon no one having to move their docks and as it tums out, docks would have
to be moved. The City Manager stated that it is the StafFs opinion that the action taken at that
meeting is no longer in sink with what the system has. Staff is asking for direction from the
City Council on whether the Council wants this dock within the system and if so, is it to remain
in that location?
The Park Director advised the Council that he has contacted Mr. Albrecht and at this time he
wants to retain the site that he originally had which is closer to his house. His only suggestion
is that due to the constraints on the site during this season, he would like to see the fees from
1998 go toward his 1999 permit.
The Park Director explained that Albrecht was originally assigned to Dock Site//41866, which
is the site he would like to keep. At the August 18th Special Meeting, there was an attempt to
move Mr. Albrecht to Dock Site//41775. Mr. Albrecht does not want to be moved. Because
of damage to the Commons from a storm this Spring, Mr. Albrecht has not been able to put in
his dock. The Park Director stated that all the docks in this area are somewhat off center and
have been put in at different angles.
Mr. Albrecht was not present, but has submitted a letter asking that Greg Knutson speak for him
at this meeting.
The Council asked if Mr. Albrecht wants to put in a dock this year. Mr. Knutson stated that
Albrecht has paid for site, including late fees and would like to stay at//41866.
The following persons spoke:
1. Mack
2. Anderson/Smith
The above persons spoke of the conflict in the neighborhood because of the dock situation. They
442
MOUND CITY COUNCJ-' MINUTES- SEPTEMBER 8, 1998
also do not want to move their docks. The neighbors expressed a desire to work this out in the
neighborhood by winter.
There was considerable discussion on centering the docks and installing the docks according to
the ordinance.
The residents asked about the action that was taken at the August 18th Special Meeting.
Councilmember Weycker stated the following: "I want to clarify that the motion made at the
August 18, 1998, Special Meeting is null and void. Site 2 technically does not exist now."
Councilmember Hanus stated, "I don't know that I agree with that."
The Council asked if the neighbors need additional time to work out a solution that will make
the neighborhood happy.
MOTION made byPolston, seconded by Hanus to do the following: 1. leave the docks where they currently are this year;
2. apply the 1998 fees that have been paid by Albrecht to the 1999
season; and
3. next year the applicants for this area will have to put their docks in
on center and according to the ordinance.
There was discussion on the neighborhood working this out by consensus.
The Mayor withdrew his motion.
The Council suggested that the neighborhood work this situation out by consensus.
No action was taken.
1.12
APPROVAL OF RF_~OLUTION 98- RESOLUTION APPROVING A SPECIAL
LEVY FOR THE MOUND HOUSING AND REDEVELOPMENT AUTHORITY
¢tRA).
Jensen moved and Hanus seconded the following resolution:
RESOLUTION #98-99
RESOLUTION APPROVING A SPECIAL LEVY FOR
THE MOUND HOUSING AND REDEVELOPMENT
AUTHORITY (HRA)
The vote was unanimously in favor. Motion carried.
1.13
PRE,.~ENTATION OF 1999 PROPOSED BUDGET AND PRELIMINARY LEVY,
ADOPTION OF RF~OL~ION 98- RESOLUTION APPROVING PROPOSED
BUDGET AND PRELIMINARY LEVY AND SETTING PUBLI(~ HEARING
DATES,
The City Manager presented the proposed 1999 budget and preliminary levy.
443
MOUND CITY COUNCIL MINUTES - SEP2F. MBER 8, 1998
Ahrens moved and Hanus seconded the following resolution:
RESOLUTION g98-100
RESOLUTION APPROVING PROPOSED BUDGET
AND PRELIMINARY LEVY AND SETTING PUBLIC
HEARING DATES
The vote was unanimously in favor. Motion carried.
INFORMATION/MISCELLANEOUS:
A. Department Head Monthly Reports for August 1998.
Notice from the League of Minnesota Cities (LMC) and the Association of Metropolitan
Municipalities (AMM) regarding the 1998 Joint Metro Regional Meeting scheduled for
Thursday, September 24, 1998 at the Sheraton Metrodome Hotel. Please contact Fran
ASAP if you are interested in attending.
C. Letter from GTE regarding the proposed merger of GTE with Bell Atlantic.
REMINDER: Due to the fact that the Primary Election is scheduled for Tuesday,
September 15, I am recommending that the Committee of the Whole meeting be
canceled. Use of the Council Chambers and Conference Room will be taken up by the
election. In addition, public meetings are not to be held on election day.
REMINDER: The next WCCB meeting is scheduled for Thursday, September 24, 1998,
7:00 p.m., Mound City Hall.
REMINDER: The next Building Committee meeting for the Westonka Community
Center is scheduled for Tuesday, September 22, 1998, 7 a.m. - 9 a.m., Westonka
Community Center. The WCCB is specifically invited to attend this Building Committee
meeting to hear a presentation regarding the preliminary schematic design on the project
because the 9/24/98 WCCB agenda already has a number of issues on it for discussion.
I was contacted recently by a member of the Board of Managers of the Minnehaha Creek
Watershed District (MCWD) regarding the possible reorganization of the MCWD into
upper and lower watershed districts. There appears to be some interest in doing this
based upon the size and complexity that has been created in recent years. Two members
on the MCWD, both upper watershed members, are supporting such a change (Tom
Maple and Tom La Bounty). Enclosed is some background information about this idea.
It looks like a Mayor's meeting will be held later this month to discuss it further. In
addition, I have enclosed the MCWD proposed budget for 1999. It is in draft form and
will be discussed on Thursday, September 10,1998, 6:30 p.m., Minnetonka City Council
Chambers, Minnetonka Community Center.
444
He
A~tes~- City-Clerk
MOUND CITY COUNCIL MINUTES - SEPTEMBER 8, 1998
REMINDER~ HRA MEETING, 7:00 P.M. SEPT. 8, 1998.
MOTION made by Weycker, seconded by Jensen to adjourn at 10:10 P.M.
vote was unanimously in favor, Motion carried. ~
Shukle, Jr., City Manager
The
445
BILLS
September 8, 1998
BATCH 8083
68,655.83
BATCH 8084
105,704.29
TOTAL BILLS
174,360.12
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