1992-06-09Jttne 9, 1992
MINUTES - MOUND CITY COUNCIL - JUNE 9, 1992
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, June 9, 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, Building Official Jon Sutherland, Water
& Sewer Superintendent Greg Skinner and the following interested
citizens: Rick Perry, Debbie Perry, Stacy Perry, Rickie Perry,
Richard Indritz, John Gabos, Mrs. Howard Simar, Dirk Young
The Mayor opened the meeting and welcomed the people in attendance.
The Pledge of Allegiance was recited.
1.0 MINUTES
MOTION made by Jensen, seconded by Smith to approve the
Minutes of the May 26, 1992, Regular Meeting, as submitted.
The vote was unanimously in favor. Motion carried.
1.1 PRESENTATION OF CERTIFICATE OF RECOGNITION FOR RICK PERRY,
GREG SKINNER (SEWER & WATER SUPT.) AND JOHN EWALD (PATROL
OFFICER) ASSISTING IN THE SAVING OF A LIFE (HOWARD SIMAR)
The Mayor read and presented Certificates of Recognition to Rick
Perry, Greg Skinner and John Ewald for their assistance in saving
the life of Howard Simar on April 25, 1992.
1.2 CASE ~92-018: RESOLUTION OF DENIAL AT 3015 HIGHVIEW LANE, RE:
VARIANCE FOR DECK & SCREEN PORCHt LOT 13, BLOCK 4, THE BLUFFS,
PID #22-117-24 44 0035 FOR MARK & LISABETH BUSSEY
The City Manager explained that the City Attorney has prepared a
resolution of denial as was requested by the Council at the last
meeting.
Jensen moved and Smith seconded the following resolution:
RESOLUTION #92-65 RESOLUTION DENYING THE REQUEST OF MARK G.
BUSSEY FOR A SIDE YARD VARIANCE AT 3015
HIGHVIEW LANE, P & Z CASE #92-018
The vote was unanimously in favor. Motion carried.
1.3 CASE ~92-025: DIRK & MEG YOUNG, 4738 ISLAND VIEW DRIVE -
REQUEST FOR VARIANCE FOR A GARAGE
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The Building Official explained that this request was heard at the
Planning Commission on June 8, 1992. They recommended approval of
the variance to recognize an existing nonconforming front yard
setback of 11.2 feet from Hanover Road to the existing deck
resulting in an 8.8 foot variance. The Planning Commission found
that there were other options for construction of a conforming
garage. The applicant agreed.
Jensen moved and Jessen seconded the following resolution:
RESOLUTION #92-66
RESOLUTION TO APPROVE A VARIANCE
RECOGNIZING AN EXISTING NONCONFORMING
SETBACK TO ALLOW CONSTRUCTION OF A
CONFORMING DETACHED GARAGE AT 4738 ISLAND
VIEW DRIVE, LOTS 9 AND 10 AND 1/2 OF
VACATED OXFORD LANE, BLOCK 6, DEVON, PID
%30-117-23 22 0048, P & Z CASE %92-025
The vote was unanimously in favor. Motion carried.
1.4 CONTINUED DISCUSSION RE: CONDITION OF BOATHOUSE AND MINIMUM
REPAIRS NEEDED FOR SAFETY PURPOSES AT 4729 ISLAND VIEW DRIVE
FOR CAROLE MUNSON
Richard Indritz, attorney for Carole Munson, was present and asked
that this item be tabled until the next meeting. Ms. Munson had
difficulty finding a structural engineer to look at the boathouse.
She now has one coming out June 10, 1992, to look at the boathouse.
They will submit the structural engineer's report to the Building
Official when it is received.
MOTION made by Jensen, seconded by Smith to table this item
until the June 23, 1992, City Council Meeting. The vote was
unanimously in favor. Motion carried.
COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT
There were none.
1.5 RECOMMENDATIONS FROM THE PARKS & OPEN SPACE COMMISSION RE:
CANCELLATION POLICY FOR MOUND BAY DEPOT RENTAL
The City Manager explained that there needs to be a cancellation
policy adopted for the rental of the Mound Bay Depot. The Park
Commission recommended that a $25.00 deposit be forfeited if the
cancellation occurs 60 days or less before the date of use and the
Depot cannot be rented out to someone else. The Park Commission
also suggested that #3 be added under "In Use Supervision", as
follows: "An adult (age !) supervisor must be on the premises at
all times". The Commission questioned what age constitutes an
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June 9, 1992
"adult", 18 or 217 The City Attorney stated that age 18 is
considered an adult by law, except in drinking alcoholic beverages.
He then suggested language to address this in the application.
Councilmember Ahrens stated that she feels the Park Commission was
under the impression that everyone paid a $25.00 deposit, in
addition to the fee that is charged.
After discussion about the deposit fee and number of days for
cancellation the following action was taken:
MOTION made by Smith, seconded by Ahrens that everyone pays a
$25.00 holding/deposlt fee in addition to the fee charged as
well as a damage deposit when renting the Depot and if they
cancel 30 days or more before their event, their damage
deposit and holding deposit is returned. If they cancel less
than 30 days, they do not receive the $25.00 deposit, only
their damage deposit. %3 under "In Use Supervision,, is added
to the application as follows: "An adult, age 18 years of age
or older, supervisor must be on the premises at all times.,,
The motion also asked that the language suggested by the City
Attorney with regard to age and alcoholic beverages be added
to the application: "The Depot cannot be rented to anyone
unless the person is 18 years of age or older and liquor and
nonintoxicating llquor may not be in the possession or
consumed by persons under 21 years of age.,, The vote was
unanimously in favor. Motion carried.
1.6 SET PUBLIC HEARING TO CONSIDER PRELIMINARY AND FINAL PLAT
1.7
REQUEST FOR "DAKOTA RAIL 1ST ADDITION", AT 2290 COMMERCE BLVD.
(NORWEST BANK)
MOTION made by Jessen, seconded by Ahrens to set July 14,
1992, at ?:30 P.M. for a public hearing to consider a
prelimlnary and final plat request for "Dakota Rall 1st
Addition,,, at 2290 Commerce Blvd. (Norwest Bank). The vote
was unanimously in favor. Motion carried.
SET PUBLIC HEARING TO CONSIDER THE ISSUANCE OF A CONDITIONAL
USE PERMIT FOR ADVANTAGE PRODUCTS TO OPERATE AN ASSEMBLY
OPERATION AT 2343 COMMERCE BLVD
MOTION made by Ahrens, seconded by Smith to set July 14, 1992,
at ?:30 P.M. for a public hearing to consider issuance of a
Conditional Use Permit for Advantage Products to operate an
assembly operation at 2343 Commerce Blvd. The vote was
unanimously in favor. Motion carried.
1.8 SET PUBLIC HEARING TO CONSIDER THE VACATION OF A 10' WIDE
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PLATTED RIGHT-OF-WAY LOCATED BETWEEN LOTS 13 & 14, SKARP &
LINDQUIST'S RAVENSWOOD (4908 AND 4916 EDGEWATER DRIVE)
MOTION made by Jensen, seconded by Ahrens to set July 14,
1992, at ?:30 P.M. for a public hearing to consider the
vacation of a 10' wide platted right-of-way located between
Lots 13 & 14, Skarp & Lindquist,s Ravenswood (4908 and 4916
Edgewater Drive). The vote was unanimously in favor. Motion
carried.
PROPOSED AMENDMENT TO SECTION 610=60 OF THE MOUND CITY CODE
RELATING TO DELINQUENT UTILITY BILLS AND CHANGING THE POLICY
ON DEALING WITH DELINQUENT UTILITY ACCOUNTS
The City Manager explained that about 6 months elapses on a
delinquent utility bill before it comes to the Council at a public
hearing for water shut-off. This amendment is to save the many
hours of administrative time and Water Department time. He further
explained that the city is only shutting off about 8 months of the
year. The remainder of the year is winter and stand pipes are hard
to find in the snow.
The suggestion is to only hold one public hearing a year in the
Fall and then assess any delinquent utility bills to the property,
thus eliminating the shut-off procedure. A number of other Cities
are using this procedure. The City Attorney has prepared the
proposed ordinance amendment.
The Council discussed their concern about an owner/renter situation
where the renter receives the bill and the owner may not be aware
there is a delinquent bill until it is assessed to the property.
The Council asked that the method of notification of the owner of
rental property be talked about at the Committee of the Whole
Meeting.
Smith moved and Ahrens seconded the following:
ORDINANCE #57-1992
AN ORDINANCE AMENDING SECTION 610:60 OF
THE CITY CODE RELATING TO TERMINATING
WATER SERVICE
The vote was unanimously in favor. Motion carried.
1.10 PAYMENT REQUEST ~6 - 1991 LIFT STATION IMPROVEMENT PROJECT -
L~ TOUR CONSTRUCTION - $12t777.56
The City Engineer has recommended approval.
MOTION made by Jessen, seconded by Jensen to approve Payment
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Request #6, for the 1991 Lift Station Improvement Project, by
LaTour Construction in the amount of $12,???.56. The vote was
unanimously in favor. Motion carried.
1.11 PAYMENT REQUEST ~1 - 1992 LIFT STATION IMPROVEMENT PROJECT -
GRIDOR CONSTRUCTION - $16,146.09
The city Engineer has recommended approval.
MOTION made by Smith, seconded by Ahrens to approve Payment
Request #1, for the 1992 Lift Station Improvement Project, by
Gridor Construction in the amount of $16,146.09. The vote was
unanimously in favor. Motion carried.
1.12 CHANGE ORDER ~1 - $2t461.80 - 1992 LIFT STATION IMPROVEMENT
PROJECT - GRIDOR CONSTRUCTION
The City Engineer has recommended approval.
Smith moved and Ahrens seconded the following resolution:
RESOLUTION %92-6? RESOLUTION TO APPROVE CHANGE ORDER %1,
1992 LIFT STATION IMPROVEMENT - $2t461.80
The vote was unanimously in favor. Motion carried.
1.13 APPROVAL OF L~BOR AGREEMENT BETWEEN THE CITY OF MOUND AND
TE~MSTERSLOCAL #320, MAINTENANCE PERSONS AND UNIT SUPERVISORS
FOR THE PERIOD J~NUARY 1~ 1991 - DECEMBER 31, 1993
The City Manager explained that a tentative agreement has been
reached with the above union. He recommended approval.
Ahrens moved and Jensen seconded the following resolution:
RESOLUTION %92-68 RESOLUTION APPROVING THE LABOR CONTRACT
BETWEEN THE CITY OF MOUND AND TEAMSTERS
LOCAL NO. 320, MAINTENANCE PERSONS AND
UNIT SUPERVISORS FOR THE PERIOD JANUARY
It 1991 THROUGH DECEMBER 31, 1993
The vote was unanimously in favor. Motion carried.
1.14 APPROVAL OF LABOR AGREEMENT BETWEEN THE CITY OF MOUND AND
TEAMSTERS LOCAL ~320~ POLICE OFFICERS FOR THE PERIOD JANUARY
1, 1991 - DECEMBER 31t 1993
The City Manager explained that a tentative agreement has been
reached with the above union. He recommended approval.
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Jensen moved and Jessen seconded the following resolution:
RESOLUTION ~92-69 RESOLUTION APPROVING THE LABOR CONTRACT
BETWEEN THE CITY OF MOUND AND TEAMSTERS
LOCAL NO. 320v POLICE OFFICERS FOR THE
PERIOD JANUARY lv 1991 THROUGH DECEMBER
31, 1993
The vote was unanimously in favor. Motion carried.
1.15 RESOLUTION AUTHORIZING THE MAYOR AMD CITY MANAGER TO EXECUTE
QUIT CLAIM DEED FOR CITY OWNED PROPERTY
The city Clerk explained the background of this item. This is the
last step in a process that started back in January. The City will
be selling this property (part of Lot 27, Block 26, Wychwood, PID
#24-117-24 41 0079) for what it paid for it from Hennepin County
resulting in the person purchasing it having a more conforming lot.
Jensen moved and Ahrens seconded the following resolution:
RESOLUTION %92-70
RESOLUTION AUTHORIZING THE MAYORAND CITY
MANAGER TO EXECUTE A QUIT CLAIM DEED FOR
CITY OWNED PROPERTY
The vote was unanimously in favor. Motion carried.
1.16 LICENSE RENEWALS (7-1-92 - 6-$0-93) OFF-SALE BEER, ON-SALE
BEER~ CLUB LICENSE, SUNDAY ON-SALE LIQUOR, SET-UP PERMIT, ON-
SALE WINE
The following licenses are up for renewal:
OFF-SALE BEER: A1 & Alma's Supper Club
Brickley's Market
PDQ Store #0292
SuperAmerica #4194
ON-SALE BEER:
A1 & Alma's Supper Club
House of Moy
Mound Lanes
CLUB LICENSE:
American Legion Post #398
VFW #5113
SUNDAY ON-SALE LIQUOR: VFW #5113
SET-UP PERMIT: A1 & Alma's Supper Club
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ON-SALE WINE:
A1 & Alma's Supper Club
House of Moy
MOTION made by Smith, seconded by Ahrens to approve the
llcenses and permits as submitted above contingent upon all
required forms, insurance, etc. being provided. Licenses and
permits expire 6-30-93. The vote was unanimously in favor.
Motion carried.
1.17 APPLICATION FOR PORTABLE SIGN FOR MOUND MOHAWK GOLF CLASSIC
FOR MOUND WESTONKA HOCKEY ASSOCIATIONt 2121 COMMERCE
BLVD.
MOTION made by Ahrens, seconded by Jensen to approve an
request for a portable sign to be displayed June 4 through Jun
15, 1992, for the Mound Mohawk Golf Classic to benefit the
Mound Westonka Hockey Association, 2121, Commerce Blvd. The
vote was unanimously in favor. Motion carried.
1.18 PAYMENT OF BILLS
MOTION made by Jensen, seconded by Smith to authorize the
payment of bills as presented on the pre-list in the amount of
$310,244.89, when funds are available. A roll call vote was
unanimously in favor. Motion carried.
INFORMATION/MISCELLANEOUS
A. Department Head Monthly Reports for May, 1992.
B. LMCD Representative's Monthly Report for May, 1992.
C. LMCD mailings.
D. Notice from MTC RE: 1-394 Service Improvements Proposal for
Fall 1992 - Public Hearings.
E. REMINDER: Around Mound Run/Walk, Saturday, June 13, 1992.
F. REMINDER: Annual Volunteer Fire Dept. Fish Fry/Dance,
Saturday, June 13, 1992.
G. REMINDER: COW Meeting - 7:30 P.M., Tuesday, June 16, 1992,
City Hall.
H. REMINDER: Mound city Days - June 19-21, 1992.
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We will be having an informal reception at Mound City Hall,
Monday, June 22, 1992, at 3:00 P.M. for Sgt. Brad Roy who is
retiring after nearly 30 years of employment with the City of
Mound. Please come and wish Brad and his wife Sandy well as
they leave for the Oregon coast.
Notice from the HRA that Eldo Schmidt has resigned after 19
years of service on the Commission.
Proposed 1993 LMCD Budget. We have been asked to review this
preliminary discussion draft and offer comments prior to the
LMCD's Board adoption at their June 24th Meeting.
MOTION made by Jensen, seconded by Smith to go into Executive
Session at 8:45 P.M. to discuss pending litigation on Dakota
Rail. The vote was unanimously in favor. Motion carried.
The Council returned from Executive Session at 9:15 P.M.
MOTION made by Jensen, seconded by Ahrens to adjourn at 9:15
P.M. The vote was unanimously in favor. Motion carried.
Att6~t: City Clerk
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BILLS June 09, 1992
BATCH 2053 $261,408.21
BATCH 2054 48,836.68
TOTAL BILLS $310,244.89