1992-07-14July 14, 1992
MINUTES - MOUND CITY COUNCIL - JULY 14, 1992
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, July 14, 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, Building
Official Jon Sutherland and the following interested citizens:
Herb Wolner, Claudia Baxter, Dorothy Davis, Jack Bolke, Mark Hanus,
Darlene Pool, Don Jerdee, Jerry Gibbs, John Eccles, Jean Sween, and
Jerry Winter.
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 June 23, 1992, Regular Meeting, as submitted,
with the following correction:
Page 2041, Motion on Item 1.10 should read as follows:
"MOTION made by Ahrens, seconded by Smith to approve the
above items 1-6 and direct staff to prepare a resolution
of approval and bring it back to the next meeting for
formal approval.,' ....
The vote was unanimously in favor. Motion carried.
The Council moved Item #10 up on the Agenda.
1.1 A RESOLUTION OF THE MOUND CITY COUNCIL ACKNOWLEDGING A GIFT OF
PROPERTY FROM MSC PROPERTIES (LITTLE LEAGUE FIELDS)
The Mayor explained that Herb Wolner has offered to donate the
Little League Fields to the City of Mound. In return he would like
the City to grant a 99 year lease to the Little League for the use
of the fields. This will save the Little League about $5,000 in
taxes each year which they can use for equipment, etc. The Council
thanked Mr. Wolner and the Wolner family for the donation.
Smith moved and Ahrens seconded the following resolution:
RESOLUTION #92-83
RESOLUTION OF THE MOUND CITY COUNCIL
ACKNOWLEDGING A GIFT OF PROPERTY FROM MSC
PROPERTIES
The vote was unanimously in favor. Motion carried.
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July 14, 1992
1.2
PUBLIC HEARING= CASE #92-012: DAKOTA RAIL, INC., 2290
COMMERCE BLVD., PID %13-117-24 33 0066, PRELIMINARY PL~T
"DAKOTA RAIL 1ST ADDITION" (NORWEST BANK PROPERTY)
The City Planner explained that the Planning Commission recommended
approval. He would like the following added to the proposed
resolution:
iA.
No additional access from CSAH 110 or CSAH 15 will be
permitted by Hennepin County.
lB.
Any proposed construction within County right-of-way
shall require an approved utility permit prior to
beginning construction. Proposed construction includes,
but is not limited to, drainage and utility construction,
trail development and landscaping. All areas within
County right-of-way disturbed by construction shall be
restored by the developer/property owner.
lC. The land title shall be approved by the City Attorney.
The Mayor opened the public hearing. There were no comments. The
Mayor closed the public hearing.
The Council asked that .a 1D. regarding the required number of
parking spaces, be added to the proposed resolution. The fourth
Whereas would then read as follows: "WHEREAS, the Mound Advisory
Planning Commission unanimously recommended approval of the
preliminary and final plat."
The Council discussed the difference in the number of parking
spaces required by the Zoning Ordinance and the number of parking
spaces required by the Central Business District Parking Program.
The City Attorney suggested that he add some language similar to
the following for ID: "The subdivision is being approved with the
express understanding that the property as currently used is
required to have 7 parking spaces. The plat provides 5 parking
spaces and 2 parking spaces be satisfied by the use of municipal
parking facilities, as currently used for banking purposes. If the
property is used for retail purposes, the need for public parking
facilities will increase." The Council agreed that some
appropriate language, similar to the above be added to the proposed
resolution to make the resolution more clear on the parking
requirements.
Jensen moved and Jessen seconded the following resolution.
RESOLUTION %92-78
RESOLUTION TO APPROVE THE PRELIMINARY AND
FINAL PLAT OF DAKOTA RAIL FIRST ADDITION
(2290 COMMERCE BLVD. - NORWEST BANK), P &
118
11,9
July 14, 1992
Z CASE #92-012
The vote was unanimously in favor. Motion carried.
1.3 PUBLIC HEARING: CASE ~92-021, STEPHEN & CLAUDIA BAXTERt 4908
EDGEWATER DRIVE, VACATE A FIRE LANE.
The Building Official reported that the Park & Open Space
Commission recommended that this request be tabled until they
complete their Nature Conservation Area Study and the use of the
property is defined. The vote was 7 in favor with 2 abstentions.
There was a motion at the Planning Commission to approve the
vacation, but that failed on a 3 to 6 vote.
Clau4ia Baxter, 4908 Edgewater Dr., the applicant, asked that
the Council approve the vacation. Her reasons were as
follows: 1) They would like to put an addition on their house
and need this property to meet setbacks; 2) the land is
currently being maintained by them and the neighbors and the
access to the lake is poor.
The City Clerk explained that a response has been received from the
DNR on the proposed vacation. They are not against the vacation
but would encourage the Council to come up with an alternate access
if this one is vacated.
The Mayor opened the public hearing.
The following persons spoke in opposition to the vacation:
Dorothy Davis - 4883 Edgewater Drive, stated that Chris
Furlong and Lorraine Painter were also against the vacation.
Darlene Pool - 4901 Edgewater Drive, was opposed to the
vacation.
Brian Harpestad - 4925 Edgewater Drive. Mr. Harpestad
presented pictures of the access
Lucille Wood - 4895 Edgewater Drive, submitted a letter in
opposition to the vacation.
Ms. Baxter stated she has lived here 2 1/2 years and there are
numerous other accesses in the area. She also stated the City does
not maintain the access.
The Mayor closed the public hearing.
The Council looked at an overhead of the area and the accesses.
The Mayor read a portion of Mn. Statute 412.851 (Vacation of
Streets). "No such vacation shall be made unless it appears in the
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July 14, 1992
interest of the public to do so" ..... Councilmembers Jessen and
Jensen agreed that this would not be in the public interest.
Councilmember Smith stated he would like to have the deck that
appears to be on the access removed and make the area safe for
people to use. He felt maybe this could be tabled until after the
report from the Park Commission is completed.
Councilmember Ahrens wanted to wait until the Park Commission
finished their Nature Conservation Areas before dealing with these
accesses (fire lanes). The fire lanes are on the low end of the
priority list.
MOTION made by Jessen, seconded by Jensen to deny the request
for a vacation of a 10 foot wide right-of-way between Lots 13
& 14, Skarp & Lindquist's Ravenswood (4908 and 4916 Edgewater
Drive), P & Z Case #92-021). The vote was 3 in favor with
Ahrens and Smith voting nay. Motion carried.
1.4
PUBLIC HEARING: CASE #92-022: JERRY WINTER, 2343 COMMERCE
BLVD., PART OF LOTS 3 & 4, AUDITOR'S SUBD. ~167t PID ~14-117-
24 44 0004, CONDITIONAL USE PERMIT FOR ASSEMBLY
OPERATIONS
The City Planner explained that this is a request to operate a
light assembly business in the lower level of 2343 Commerce Blvd.
The business, known as Advantage Products, will assemble small pest
control tools and will initially employ 2 people. The Planning
Commission recommended approval with certain conditions listed in
the proposed resolution.
The Mayor opened the public hearing.
Mayor closed the public hearing.
There were no comments. The
Smith moved and Ahrens seconded the following resolution:
RESOLUTION %92-79
RESOLUTION APPROVING A CONDITIONAL USE
PERMIT TO ALLOW A LIGHT ASSEMBLY BUSINESS
IN THE B-1 ZONE AT 2343 COMMERCE BLVD.,
PART OF LOT 3, METES AND BOUNDS
DESCRIPTION, AUDITOR'S SUBD. 167, PID
%14-117-24 44 0004, P & Z CASE %92-022
The vote was unanimously in favor. Motion carried.
1.5
CASE ~92-019:GEORGE & CHERYL FOUGERON, 1701 BAYWOOD LANE, LOT
4, BLOCK 4, REPLAT OF HARRISON SHORES, PID #13-117-24 21 0087,
VARIANCE - DECK EXTENSION
The Building Official explained that this was reviewed at the June
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July 14, 1992
23, 1992, Council Meeting, but because the setbacks were not
consistent with the original review by the Planning Commission, it
was referred back to the Planning Commission. The applicant has
now submitted 2 options for consideration by the Planning
Commission and the City Council. Staff recommendation is for
approval of option A based on the odd shape and size of the lot and
the addition of a deck is a reasonable use of the property. The
applicant does have the option of an on-grade detached deck from
the dwelling but wanted to have the deck conveniently located to
their existing patio doors. The applicant was on vacation and not
able to attend the meeting. The applicant asked if the Council
was going to deny Option A, they would appreciate tabling a
decision until they can be appear before the Council. The Planning
Commission voted 4 to 4 on a motion for denial, so there was no
recommendation.
The Council discussed alternatives that the Planning looked at and
minimums to alleviate the hardship.
MOTION made by Johnson, seconded by Ahrens to table Case #92-
019, to a future meeting when the applicant can be present
(either July 28 or August 11). The vote was unanimously in
favor. Motion carried.
1.6
CASE #92-030: DR. DONALD SWEEN, 2028 ARBOR LANE, LOT 6, SUBD.
OF LOTS i & 32, SKARP & LINDQUIST'S RAVENSWOOD, PID ~13-117-24
41 0035, VARIANCE TO ALLOW CONSTRUCTION OF ADDITIONS
The Planner presented the proposed resolution that was prepared as
per Council direction at the last meeting.
Ahrens moved and Jensen seconded the following resolution:
RESOLUTION #92-80
RESOLUTION TO APPROVE A VARIANCE TO ALLOW
CONSTRUCTION OF ADDITIONS TO AN EXISTING
HOME ON LOT 6, SUBD. OF LOTS 1 & 32,
SKARP & LINDQUIST'S RAVENSWOOD, PID #13-
117-24 41 0035, (2028 ARBOR LANE) P & Z
CASE #92-030
The vote was unanimously in favor. Motion carried.
1.7
CASE #92-031: JOHN & CHRISTINE GABOS, 4687 ISLAND VIEW DRIVE,
LOT 19 AND PT OF LOT 18t BLOCK 1, DEVONt PID ~30-117-23 22
0009, VARIANCE TO ALLOW CONSTRUCTION OF ADDITIONS
The Planner presented the proposed resolution that was prepared as
per Council direction at the last meeting.
Jessen moved and Smith seconded the following resolution:
121
122
July 14, 1992
RESOLUTION #92-81
RESOLUTION TO APPROVE A VARIANCE TO ALLOW
CONSTRUCTION OF ADDITIONS ON LOT 19 AND
18 EXCEPT THE SOUTHEASTERLY 25 FEET FRONT
AND REAR, BLOCK 1, DEVON, INCLUDING THE
ADJACENT i FOOT OF ROANOKE ACCESS, PID
~30-117-23 22 0009, (4687 ISLAND VIEW
DRIVE), P & Z CASE ~92-031
The vote was unanimously in favor. Motion carried.
1.8 COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT.
Paul Meisel, 5501 Bartlett Blvd., asked to be removed from the
Central Business Parking Program as of June 30, 1992, in a
letter in the information part of the packet. In that letter
the Meisel's stated they feel they are unfairly subsidizing
those businesses who do not have adequate parking. A letter
from the City Manager explained that the City would like to
have time to review the ramifications and impact on the CBD
program.
Councilmember Smith stated the question, " Do they have a
right to do what they want to with their property, which they
own or does the City have control of that property?"
The Meisels stated they do not want to wait 2 months for an
answer.
Pat Meisel - asked that they be allowed to pull out of the CBD
Parking Program. They have owned the property for 3 years and
not signed anything including them in the CBD program. The
business climate has changed.
The Council asked that the Staff look at this and get more
information on this from the City's perspective and bring this
back to the August llth Meeting.
1.9 REVIEW OF CONSTRUCTION ON PUBLIC LANDS PERMIT -
RECONFIGURATION OF STAIR PLAN ON COMMONS PROPERTY AT 4577
ISLAND VIEW DRIVE FOR MIKE AND DIANE ROY
The Building Official stated that the applicant has submitted a
revised plan for the stairway. The plan is more tailored to the
slope of the land. The original design projected outward from the
slope and the applicant has stated it is difficult to comply with
the maximum 8" rise and minimum run requirement of the code. He
reported that the staff recommends approval of the new plan
consistent with Resolution #92-61.
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July 14, 1992
Jensen moved and Ahrens seconded the following resolution:
RESOLUTION %92-82 RESOLUTION TO AMEND RESOLUTION #92-61
APPROVING THE REVISED PLAN FOR THE
CONSTRUCTION OF A STAIRWAY ON DEVON
COMMONS ABUTTING 4577 ISLAND VIEW DRIVE,
LOT 6, BLOCK 1, DEVON, DOCK SITE %41140
Motion carried.
The vote was unanimously in favor.
1.10 RESOLUTION APPROVING A MEMORANDUM OF AGREEMENT BETWEEN THE
CITY OF MOUND AND RONALD BOSTROM, POLICE OFFICER RE:
RETIREMENT
EARLY
The City Manager explained that Police Officer Ronald Bostrom has
submitted his resignation and an agreement has been reached
regarding his early retirement, effective August 31, 1992.
Jensen moved and Jessen seconded the following resolution:
RESOLUTION %92-84
RESOLUTION ACCEPTING THE RESIGNATION OF
OFFICER RONALD D. BOSTROMAND APPROVING A
MEMORANDUM OF AGREEMENT REGARDING EARLY
RETIREMENT
The vote was unanimously in favor. Motion carried.
1.11 RESOLUTION APPROVING A MEMORANDUM OF AGREEMENT BETWEEN THE
CITY OF MOUND AND LOIS SANDQUIST, FINANCE DEPT. RE: EARLY
RETIREMENT
The City Manager explained that Utility Billing Clerk Lois
Sandquist has submitted her resignation and an agreement as been
reached regarding her early retirement, effective December 1, 1992.
Jessen moved and Johnson seconded the following resolution:
RESOLUTION %92-85 RESOLUTION ACCEPTING THE RESIGNATION OF
LOIS SANDQUISTAND APPROVING A MEMORANDUM
OF AGREEMENT REGARDING EARLY RETIREMENT
The vote was unanimously in favor. Motion carried.
1.12 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE
AN AGREEMENT BETWEEN THE CITY OF MOUND AND HOISINGTON KOEGLER
GROUP, INC. REGARDING MOUND VISIONS PROJECT
The City Manager explained that in order to continue to receive
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July 14, 1992
CDBG monies for the Mound visions program, the City sought RFQ
(Requests for Qualifications). There were two responses; one from
Dahlgren, Shardlow and Uban, Inc. and the other from Hoisington
Koegler Group, Inc. The recommendation is that Hoisington Koegler
continue to provide services for the Mound Visions program.
Smith moved and Jensen seconded the following resolution:
RESOLUTION %92-86 RESOLUTION APPROVING HOISINGTON KOEGLER
GROUP, INC. FOR THE CONTINUATION OF THE
DOWNTOWN ECONOMIC DEVELOPMENT AND
PLANNING PROJECT (MOUND VISIONS)
The vote was unanimously in favor. Motion carried.
1.13 APPROVAL OF FINAL PAYMENT REQUEST OF $1,105.79 - 1991 LIFT
STATION IMPROVEMENT
The city Manager reported that the City Engineer recommended
approval of the final payment request from LaTour Construction for
the 1991 Lift Station Improvement Project.
The Mayor asked that a report be submitted from the Water and Sewer
Superintendent, Greg Skinner, explaining any problems that the City
had with the project causing a final payment to be made 7 months
into 1992.
MOTION made by Ahrens, seconded by Jensen to approve a final
payment request from LaTour Construction, Inc, in the amount
of $1,105.79 for the 1992 Lift Station Improvement Project.
The vote was unanimously in favor. Motion carried.
1.14 APPROVAL OF AN ORDINANCE AMENDMENT REGARDING BURNING
PERMITS
The City Clerk explained that the MPCA has contacted the City and
stated the ordinance relating to burning permits needed to be
updated and the person authorized to issue permits needed to be
changed to the present Fire Chief.
Councilmember Jensen stated she could not vote in favor of this
because she does not believe any open burning permits should be
issued in this community for the burning of leaves or brush and
trees.
Smith moved and Ahrens seconded the following:
ORDINANCE %58-1992
AN ORDINANCE AMENDING SECTION 235:27,
SUBD. 3 OF THE CITY CODE RELATING TO
BURNING RESTRICTIONS - BURNING PERMITS
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July 14, 1992
REQUIRED
The vote was 4 in favor with Jensen voting nay. Motion carried.
1.15 Ahrens moved and Smith seconded the following resolution:
RESOLUTION #92-87
RESOLUTION APPOINTING FIRE CHIEFt DON
BRYCE, AS THE DESIGNATED PERSON TO ISSUE
BURNING PERMITS
The vote was 4 in favor with Jensen voting nay. Motion carried.
1.16 PAYMENT OF BILLS
MOTION made by Jessen, seconded by Jensen to authorize the
payment of bills as presented on the pre-list in the amount of
$383,178.94, when funds are available. A roll call vote was
unanimously in favor. Motion carried.
ADD-ON ITEMS
UPDATE- DEAN HANUS CASE
The City Manager gave an update on the case. Mr. Hanus was denied
the Maintenance Permit or a Public Lands Permit to retain a
boathouse and deck on Commons abutting his property and he had
until June 10, 1992, to remove the deck and boathouse and he has
not done so. The City commenced both criminal and civil action
against Mr. Hanus and the complaint was signed by the Building
Official a week ago (last Wednesday) and was filed with the court.
Mr. Hanus will have to make a court appearance on the criminal
side. The civil complaint was prepared and in the meantime a
letter was received from Mr. Hanus indicating that he was going to
begin disassembling the deck and it would probably take 30 days to
complete. Then the City Attorney tried to contact Mr. Hanus and
his attorney. The City then received a Complaint late last Friday
from Mr. Hanus' attorney indicating they were filing a suit against
the City of Mound for this issue. On Monday, July 13, 1992, the
City Manager received a letter from Mr. Hanus indicating that we
have not been able to communicate effectively and that Hanus will
be starting to disassemble the deck and he will have it done in 30
days. The City Manager stated the city is confused as to what Mr.
Hanus is doing. Therefore, the City is proceeding as if we have a
lawsuit.
The Council discussed the fact the Mr. Hanus did not mention the
boathouse in his communications. He did say in the first
communication that he was going to comply with the resolution.
The City Attorney reiterated the City Manager's description of the
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July 14, 1992
action taken. The city Attorney tried to call Mr. Hanus and his
attorney several times, with no response from them. The City
Attorney did speak with Mr. Hanus' attorney July 13, 1992, and his
attorney informed him that someone else in his office was handling
the case and that Mr. Hanus' attorney was not sure what was
happening.
The City Attorney reported that at this point the city has filed a
criminal complaint against Mr. Hanus and Mr. Hanus has filed a
civil complaint against the City. The city Attorney will take the
documents that haVe been prepared and put them in the form of an
answer, but basically the City's claim will remain the same which
is to ask for a mandatory injunction to have the encroachment on
the public property removed and the property returned to the City.
He will keep the City informed on the status of this item as things
unfold.
EXTERIOR MAINTENANCE ORDINANCE
Councilmember Smith asked their be direction that the Staff talk to
the Planning Commission about bringing up the Exterior Maintenance
Ordinance again. He stated he believed that this ordinance was
pretty well intact and could be considered soon. He would like to
see that come forward. The Council stated they did not want this
tied to the Rental Licensing Ordinance, but felt they need to
address the owner occupied property also in the very near future.
The Council discussed wanting all the present ordinances that are
on the books enforced to deal with nuisances, derelict autos, etc.
By consensus, the Council asked the Planning Commission to take up
the Exterior Maintenance Ordinance in a timely manner.
LAKE AREA CITIES COOPERATION STUDY
The City Manager passed out a paper entitled, "Municipal Service
Delivery Options in the Lake Minnetonka Area", written by Jim Hurm,
City Administrator of Shorewood. He explained that the lake area
communities have been meeting on this topic for several months and
recently some of the mayors attended and were brought up to speed.
The outcome of that meeting was that all felt a study should be
pursued and further exploration of the topic be carried out. He
will keep the Council updated as the study proceeds.
INFORMATION/MISCELLANEOUS
A. June 1992 Department Head Monthly Reports.
B. LMCD Representative's Monthly Report for June 1992.
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July 14, 1992
Ce
LMCD Mailings. Please note the invitation to attend the
Public Official's Lake Tour & Luncheon to be held, Saturday,
August 1, 1992, beginning at 11 A.M. at the Lafayette Club
dock. Please let Fran know by July 24, 1992, if you and/or
your guest will be attending.
D. Park & Open Space Commission Minutes of June 11, 1992.
E. Planning Commission Minutes of June 22, 1992.
F. Thank you note from the Mound City Days Committee for 1992.
Ge
Invitation to attend the seventh annual "Outreach Breakfast"
of the Association of Metropolitan Municipalities (AMM)
scheduled for Tuesday, July 21, 1992, 7:30 A.M. at the
Radisson Ridgedale. Please let Fran know ASAP if you wish to
attend.
He
Letter dated June 17, 1992, from Pat & Paul Meisel of Mound,
who are formally requesting that their properties in the Mound
Central Business District (CBD) parking program be removed
from the CBD parking program effective June 30, 1992. I
responded to Meisels in a letter dated July 6, 1992. This is
also attached. I indicated to them that city Staff would be
bringing this letter to the attention of the City Council and
that Staff would ask that the Council allow the Staff some
time to completely review the ramifications and impact of this
request on the future of the CBD program. There is ample time
to do this since we do not start gearing up the maintenance
program until Fall. Do you agree with Staff's
recommendation?
MOTION made by Smith, seconded by Jensen to adjourn at 10:15
P.M. The vote was unanimously in favor. Motion carried.
· d~ J.' ~hUkfe~, Jr., City Manager
Attest: City Clerk
127
BILLS
July 14, 1992
BATCH 2063
BATCH 2064
TOTAL BILLS
$242,464.34
140,714.60
$383,178.94