1992-03-24 37
March 24~ 1992
MINUTES - MOUND CITY COUNCIL - MARCH 24, 1992
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, March 24, 1992, in the Council Chambers
at 5341 Maywood Road, in said City.
Those present were: Mayor Skip Johnson, Councilmembers Andrea
Ahrens, Liz Jensen, Phyllis Jessen and Ken Smith. Also present
were: City Manager Edward J. Shukle, Jr., city Clerk Fran Clark,
City Attorney Curt Pearson, City Planner Mark Koegler, Police Chief
Len Harrell and the following interested citizens: Richard
Henderson, Greg Hegi, Carol & Duane Norberg, Howard H. Barrett, Ann
& Steve Hoaglund, Frank Hornstein, Bill Voss, Marilee Johnson,
Bernice Putt, Bev Abbott, John & Mary McKinley, Ron & Holly
Bostrom, Dan Niccum, and Connie Stahlbusch.
The Mayor opened the meeting and welcomed the people in attendance.
The Pledge of Allegiance was recited.
RECYCLOTTO WINNER: The Mayor asked if Marilee Johnson, 5038
Woodland Road, was present to receive her $200.00 in Westonka
Dollars as winner of the March 16, 1992, drawing. She was not
present.
1.0 MINUTES
MOTION made by Jessen, seconded by Jensen to approve the
Minutes of the March 11, 1992, Regular Meeting and the March
17 adjourned meeting from March 11, 1992, as submitted. The
vote was unanimously in favor. Motion carried.
MOTION made by Jensen, seconded by Jessen to approve the
Minutes of the March 17, 1992, Committee of the Whole Meeting,
as submitted. The vote was unanimously in favor. Motion
carried.
1.1 PUBLIC HEARING: YEAR XVIII COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM
The City Manager explained that the following are the proposed uses
for the Community Development Block Grant funds for Year XVIII:
Senior citizens Center/Operation
Senior citizen Outreach
Rehabilitation of Private Property
Westonka Intervention
WECAN (Westonka Community Action Network)
Downtown Economic Development
Total CDBG Funds Year XVIII Available
$16,698
4,867
15,823
5,700
7,500
20,000
$70,588
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March 24, 1992
The Mayor opened the public hearing.
The following persons spoke in favor of the following programs:
WECAN (Westonka Community Action Network) - Kiki Sonnen;
Senior Citizen Outreach - Bev Abbott;
Senior Citizen Center/Operation - Bernice Putt;
Westonka Intervention - Connie Stahlbusch.
The Mayor closed the public hearing.
The Council commended the groups for the work they do. They asked
that each group present documentation on how the money allocated is
spent. This could be in the form of an audit as WECAN presented.
Smith moved and Jessen seconded the following resolution:
RESOLUTION NO. 92-31
RESOLUTION APPROVING THE PROPOSED
PROGRAM FOR YEAR XVI I I URBAN
HENNEPIN COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS
AND AUTHORIZING ITS SUBMITTAL
The vote was unanimously in favor. Motion carried.
1.2
CASE NO. 91-055:
VARIANCE REQUEST FOR WILLIAM VOSS, 4608
KILDARE LANE, LOT 6, BLOCK 11, SETON, PID
~19-117-23 21 0028
The City Planner explained the request. The Planning Commission
recommended approval with the following conditions:
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That portion of Kildare Road used as a driveway to serve
Lot 6 should be improved to a minimum 5 ton design by
installing a 6" gravel base and 3" bituminous mat. Curb
and gutter would not be required and the width could be
held to 15 feet.
be
The deficient street assessment in the amount of one unit
charge at $1,170.90 must be paid at time of Building
Permit issuance. The charge of $318 for 40 L.F. is to be
waived.
Ce
The sanitary sewer service from Lot 5 be relocated across
Lot 6 with a new connection to the main in Kildare Road.
This would allow the proposed home to use the existing
service originally intended for Lot 6.
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March 24, 1992
Private easements running to Lot 5 be granted to cover
both sewer and water services crossing Lot 6. These
easements should be made of record and copies furnished
to the City of Mound.
The Council discussed the private easements. The applicant, Bill
Voss, was present and stated that he and the owner of Lot 5 have
worked out the private easement situation.
The Council asked that the 6th Whereas be deleted from the
resolution. The following will be deleted, "WHEREAS, At the time
the applicant purchased the subject property it was assumed that
this property had 6,000 square feet in lot area".
Ahrens moved and Smith seconded the following resolution:
RESOLUTION #92-32
RESOLUTION TO APPROVE A VARIANCE FOR LOT
6, BLOCK 11, SETON, PID #19-117-23 21
0028 4608 KILDARE ROAD, P&Z CASE NUMBER
91-055
The vote was unanimously in favor. Motion carried.
1.3
CASE ~92-003:
VARIANCE REQUEST FOR RICHARD HENDERSONt 1948
SHOREWOOD LANE, LOT 13, BLOCK 2, SHADYWOOD
POINT, PID ~18-117-23 23 0013
The City Planner explained the request. The Planning Commission
recommended approval with the following conditions:
ao
The existing boat house shall be removed prior to final
building inspection.
be
The existing water service shall be insulated under the
proposed concrete floor in a manner acceptable to the
Mound Sewer and Water Superintendent.
The setback to the northwest side property line must
conform to the 6 foot setback requirement and a revised
site plan indicating such must be submitted with the
Building Permit Application.
The Council discussed the boathouse removal and the water service
being located under the new garage. The Council asked that the
conditions in the resolution be changed to read as follows:
The existing boat house shall be removed prior to
issuance of a building permit.
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40
March 24, 1992
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The existing water service shall be insulated under the
proposed concrete floor in a manner acceptable to the
Mound Sewer and Water Superintendent. The property owner
is further advised and warned that if the water line
under the garage requires service, it will be paid for by
the property owner and might be very expensive.
The setback to the northwest side property line must
conform to the 6 foot setback requirement and a revised
site plan indicating such must be submitted with the
Building Permit Application.
Smith moved and Ahrens seconded the following resolution:
RESOLUTION #92-33
RESOLUTION TO APPROVE A VARIANCE FOR LOT
13, BLOCK 2, SHAD%WOOD POINT, PID %18-
117-23 23 0018, 1948 SHOREWOOD LANE, P&Z
CASE NUMBER 92-003
The vote was unanimously in favor. Motion carried.
1.4
PRESENTATION FROM FRANK HORNSTEIN, CLEAN WATER ACTION, RE:
REACTION TO CITY COUNCIL'S POSITION ON THE USE OF ASH FROM
THE HENNEPIN COUNTY INCINERATOR
Mr. Frank Hornstein from the Clean Water Action group addressed the
Council concerning the proposal to test the pelletized ash from the
incinerator with blacktop on a two mile stretch of road in the City
of Corcoran. Municipal Services Corporation made a presentation to
the Mound city Council on February 11, 1992, asking the City to
write letters of support for the project to Hennepin County
Commissioner Tad Jude and the Mayor of the City of Corcoran. Mr.
Hornstein's concerns were as follows:
"A recent Federal Court decision,
found to be a hazardous waste,
hazardous waste regulations.
incinerator ash was
subject to Federal
The proposal includes the placement of highly toxic fly
ash in the aggregate product. An administrative law
judge that is reviewing the proposed rules for
incinerator ash disposal has recommended that fly ash be
separated from bottom ash.
The Municipal Services Corporation financed health risk
assessment is deficient in many areas.
The test itself is far too short in duration to get
meaningful results and the liability for environmental
problems would be given to Hennepin County taxpayers.
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41
March 24, 1992
Se
The test is part of a permitting process for a large ash
processing plant to be located in Hennepin County."
The following persons spoke in favor of Mr. Hornstein's views:
Greg Hegi, 6605 County Road 19, Corcoran; Duane Norberg, 6015
Aspen Road, Mound; Howard Barrett, 5000 Tuxedo Blvd.; Ann &
Steve Hoaglund, 19240 81st Place North, Corcoran.
Fred Gustin, Senior Project Engineer with USPCI (Municipal
Services Corporation), and Orono Mayor Barbara Peterson spoke
in favor of the proposed test. Mayor Peterson stated that the
City of Orono listened to Mr. Hornstein on Monday evening and
is still supporting the proposed test
The Council took no further action on this item.
1.5 DISCUSSION: RESPONSE FROM HENNEPIN COUNTY DEPARTMENT OF
PUBLIC WORKS RE: CITY OF MOUND'S REQUEST TO REVIEW THE
FEASIBILITY OF BOAT TRAILER PARKING ON THE EAST SIDE OF
BARTLETT BLVD. FROM THE MOUND BAY PARK DEPOT TO THE NORTH
ENTRANCE TO MOUND BAY PARK
The City Manager reviewed the response from Dennis Hansen, Hennepin
County Transportation Planning Engineer in which he gave his
reasons why they would be reluctant to allow parking along County
Road 110 near Mound Bay Park. This proposal is not recommended due
to public safety reasons.
There was discussion on the Lake Use Access Committee and what the
definition of car/trailer parking is in relation to lake access.
The Council will continue to monitor the Lake Use Access
Committee's progress in identifying the necessary parking spaces
available around Lake Minnetonka.
The Police Chief stated that Bill Clark, who originally asked that
an area of Bartlett Blvd. be designated no car/trailer parking
because of safety concerns is out of town and would like to address
the Council on this at some future date. The parking question on
County Road 110 came about because of the no parking anytime for
car/trailers on Bartlett Blvd. The Council will invite Mr. Clark
and L.M.C.D. Representative, Tom Reese, to a future Committee of
the Whole meeting.
COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT
Councilmember Smith stated that the City Council has been invited
to meet with the Fire Department Pension Board on Thursday, April
2, 1992, at 7:00 P.M. in the Fire Station. This meeting is open to
the public.
42
March 24, 1992
Councilmember Jensen reported on the Legislative Session that she
and the City Manager attended today. The topic of conversation at
this session for the $66 million dollar deficit in the State
Budget. There were alternative proposals to the cut in LGA. The
Legislature will be acting on this before they adjourn on or about
April 15, 1992. The City will monitor the proposals and outcome.
1.6 BID AWARD~ SPRING LEAF PICKUP]LND/OR LEAF DROP OFF
The City Manger reported that only one bid was received. It was as
follows:
Westonka Sanitation - $5,275.00 - entire city, to include
dumping.
This is less than the Fall - 1992 Leaf Pickup which was $5,500.
Johnson moved and Smith seconded the following resolution:
RESOLUTION %92-34 RESOLUTION TO AWARD THE 1992 LEAF PICKUP
BID TO WESTONK~ SANITATION IN THE AMOUNT
OF $5,Z75.00
The vote was unanimously in favor. Motion carried.
The Leaf Pickup will be April 24 and 25, 1992.
1.7 SET BID OPENING DATE FOR 1992 ANNUAL SEALCOAT PROGI~%M
1.8
MOTION made by Jessen, seconded by Jensen to set April 3,
1992, at 11~00 A.M. for the bid opening of the 1992 Sealcoat
Project. The vote was unanimously in favor. Motion carried.
RESOLUTION OPPOSING ~OVERNOR CARLSON,S PROPOSAL TO CUT LOCAL
GOVERNMENT AID (L.GA) TO CITIES
The City Manager presented the resolution that has been prepared
based on ideas and input from the City Council and other sources
regarding Governor Carlson's proposal to cut Local Government Aid
(LGA) to cities.
Johnson moved and Jensen seconded the following resolution:
RESOLUTION %92-35 RESOLUTION OPPOSING GOVERNOR CARLSON,S
PROPOSAL TO CUT LOCAL GOVERNMENT AID
(LGA) TO CITIES
The vote was unanimously in favor. Motion carried.
1.9
43
March 24, 1992
DISCUSSION: MOUND VISIONS PROJECT - COSTS ASSOCIATED WITH
GETTING TO PRELIMINARY FIN]%NCIAL FEASIBILITY STUDY
The City Manager reported that at the City Council's direction,
staff has prepared a cost estimate for a preliminary downtown
feasibility study as discussed at the March 17, 1992, Committee of
the Whole Meeting. The estimated cost for the following is $2,300:
1. Planning (establish overall parking needs, project area
and TIF District boundaries, acquisition and improvement
costs (Auditors Road/parking/utilities), planning
parameters and design guidelines).
2. Research Funding Sources/formulate funding
assumptions/mix.
a. TIF
b. Special Assessments (429)
c. Community Development Block Grants
d. Other
3. Research Lost Lake Feasibility (Dredging)
a. Permit feasibility (DNR)
b. Funding sources available
c. Tradeoffs required (DNR requirements)
4. Preliminary Financial Feasibility Study (will it work?)
a. Costs
b. Calculate Revenue Stream
c. Go/No Go
The City Manager suggested taking the $2,300 from the Liquor Fund.
MOTION made by Johnson, seconded by Smith to authorize moving
ahead with items 1-4 outlined above at an estimated cost of
$2,300 to be taken from the Liquor Fund.
CouncilmemberAhrens stated the cost should come from the fund
in the Council Budget designated for Economic Development
Brochures. After discussion Councilmember Ahrens called the
question. The vote on whether to call the question was 4 in
favor with Johnson voting nay.
The vote on the original question was 4 in favor with Ahrens
voting nay. Motion carried.
1.10 LMCD COMMERCIAL DOCK LICENSES - DRIFTWOOD SHORES AND SETON
VIEW
The City Manager explained that the L.M.C.D. has asked for any
comments on these two commercial dock licenses. There were none.
The Council asked that the L.M.C.D. notify the city of any changes
in the site plans for any of the commercial docks.
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March 24, 1992
1.11 RESOLUTION APPROVING THE L~BOR CONTRACT BETWEEN THE CITY OF
MOUND ]~ND L~W ENFORCEMENT L~BOR SERVICES (LELS) LOCAL #35
SUPERVISOR/STAFF SERGEANT AND SUPERVISOR/SERGEANT OF PATROL
FOR THE PERIOD JANUARY 1, 1991 - DECEMBER 31, 1993
The city Manager explained that the Sergeants Labor Agreement had
expired on December 31, 1990. The City has now negotiated with the
Sergeants unit (LELS) and now has reached a tentative agreement
with them for the 1991 through 1993 contract period. He then
presented the entire Tentative Agreement and the two Memorandums of
Agreement to the City Council. The City Manager noted that item #4
in the Memorandum concerning Brad Roy's retirement should read as
follows: "Effective March 1, 1993, Brad Roy shall be eligible for
and shall receive the City contribution for hospitalization/major
medical and dental insurance in accordance with Appendix B,
Insurance, paragraphs D through G of the 1989-1990 Labor Agreement
between the City and the Union."
Smith moved and Ahrens seconded the following resolution:
RESOLUTION %92-36
RESOLUTION APPROVING THE L~BOR CONTRACT
BETWEEN THE CITY OF MOUND ~ND L~W
ENFORCEMENT LABOR SERVICES (LELS) LOCAL
%35 SUPERVISOR/STAFF SERGEANT AND
SUPERVISOR/SERGEANT OF PATROL FOR THE
PERIOD JANUARY 1, 1991 - DECEMBER 31,
1993, INCLUDING THE TWO MEMORANDUMS OF
AGREEMENT WITH THE AMENDMENT AS STATED
ABOVE
The vote was unanimously in favor. Motion carried.
1.12 PAYMENT OF BILLS
MOTION made by Jensen, seconded by Jessen to authorize the
payment of bills as presented on the pre-list in the amount of
$53,501.19, when funds are available. A roll call vote was
unanimously in favor. Motion carried.
1.13 APPOINTMENT OF ELECTION JUDGES
Jensen moved and Smith seconded the following resolution:
RESOLUTION %92-37
RESOLUTION APPOINTING ELECTION JUDGES AS
RECOMMENDED FOR THE PRESIDENTIAL PRIMARY,
THE PRIMARY AND GENERAL ELECTIONS APRIL
?, 1992, SEPTEMBER 15, 1992 & NOVEMBER 3,
1992
The vote was unanimously in favor. Motion carried.
1992
45
March 24,
INFOP. MATION/MI SCE LL~NEOUS
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February 1992 Monthly Financial Report as prepared by John
Norman, Finance Director.
B. Planning Commission minutes of March 9, 1992.
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Fe
Go
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Parks and Open Space Commission minutes of March 12, 1992.
Executive Summary of the Proposed Rental Housing Ordinance as
prepared by Curt Pearson, City Attorney.
As you directed previously, we have scheduled a spring
cleanup. This project is scheduled for Friday, April 24,
1992, and Saturday, April 25, 1992, at the Lost Lake site. If
weather does not permit us to have the drop off at the site,
it will be moved to another site in the downtown area of
Mound. Joyce Nelson, Recycling Coordinator, has put this
project together and will have several companies at the site
to pick up stated items. One of the questions that has arisen
is: "Should we limit participation by only offering the
program to Mound residents?" If not, we may be overwhelmed
with material and the project could become unmanageable.
Please give this some thought. The Council has that this
clean-up be advertised for "Mound Residents Only".
Information from Pioneering Creative Environmental Solutions
(PICES) re: Hennepin County Incinerators ash - Road project
in the City of Corcoran.
1992 Annual parks Tour is scheduled for Saturday, May 16,
1992, beginning at 10:45 AM at A1 & Alma's docks. The Parks
and Open Space Commission felt that a public shoreland tour
might be appropriate this year. Merrit Geyen has volunteered
the use of a boat and will only charge us for lunch at $6.50
per person. The City of Mound, out of appropriate department
budgets, will pay for the lunches. The City Council, Planning
Commission and the Parks and Open Space Commission are being
invited. City staff will also attend. Please mark your
calendars.
On Monday, March 23, 1992, 7 PM, Channel 20, an eight minute
video will be shown on the remodeling and addition of Mound
City Hall. John McKinley, Police Department, did the video
taping of the project. He also wrote the script for the
video. The Public Access Studio has added to the video by
taking more shots and has edited the tape to an eight minute
showing. Please take a look and let us know what you think.
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March 24, 1992
Memorandum from Mark Koegler, City Planner, re: LMCD Lake
Access Task Force meeting held March 11, 1992. Mayor Skip
Johnson has indicated he wishes to be the city of Mound
representative to this committee.
MOTION made by Smith, seconded by Jensen to adjourn at 10:45
P.M. The vote was unanimously in favor. Motion carried.
Attest: city
E~ward J~ ~hu~le, jr: Ci~ty_Manager
~661 'P~ HD~VE ...................... S?%Ig