1993-03-09March 9, 1993
MINUTES - MOUND CITY COUNCIL - MARCH
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, March 9, 1993, 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 and
~the following interested citizens: Gary Trosin, Frank Weiland,
Diane Beimert, Peter Meyer, Jim Brunzell, Cathy Germain, Harvey
Berquist, William Johnsen, and Tom Casey.
The Mayor opened the meeting and welcomed the people in attendance.
The Pledge of Allegiance was recited.
1.0 MINUTES
MOTION made
Minutes of
submitted.
carried.
by Smith, seconded by Jensen to approve the
the February 23, 1993, Regular Meeting, as
The vote was unanimously in favor. Motion
1.1 RECYCLOTTO WINNER
The Mayor presented Gary Trosin, 5013 Shoreline Drive with $300.00
Westonka Dollars for recycling the week of March 1, 1993.
1.2
CASE ~93-002:
DUANE BEIMERTt 5125 DRUMMOND ROADt LOTS 7 & 8,
BLOCK 14, WHIPPLE, PID #25-117-24 12 0113,
VARIANCE
The Building Official explained the request.
Commission recommended approval on a 5 to 1 vote.
The Planning
Councilmember Smith asked if the owner of the property should have
signed the request for a variance. The City Attorney stated that
the owner should have also signed the application for a variance.
MOTION made by Smith, seconded by Ahrens to table this item
until the March Z3rd Meeting to provide the owner time to sign
the application for a variance. The Staff to provide the
owner of the property with the material from the packet. The
vote was unanimously in favor. Motion carried.
1.3 DISCUSSION: TEAL POINTE ENVIRONMENTAL ASSESSMENT WORKSHEET
The City Manager reviewed the Planner's memo and timetable for the
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March 9, 1993
EAW process. The Council was provided with a blank EAW to review.
The timetable appears to be 120 days maximum. The Council will be
kept apprised of what is happening as the process proceeds. The
Council stated that all City Commissions will have the opportunity
to review and comment on the EAW.
1.4 DISCUSSION: POSSIBLE REFERENDU~ ON TEAL POINTE AND OTHER
PROPERTIES
Tom Casey stated he would like to have the Council initiate the
referendum. He stated time is of the essence, that it is important
to move forward on this as it is one of the last green spaces in
Mound.
The following people spoke in favor of the Council initiating a
referendum:
Kathy Germain, 2418 Black Lake Road, Spring Park
Jim Brunzell, 5111 Windsor Road, Mound
Glen Melena, 5139 Windsor Road, Mound
The Council explained that they are hearing from the general public
that they are not in favor of the entire city paying for the
acquisition of Teal Pointe. Therefore, the Council stated they
feel that the people in favor of this need to get their petition
going and gather the necessary signatures to prove there are some
1100 people interested in pursuing the acquisition of Teal Pointe.
The City Attorney pointed out that the statute uses the word "may"
not "shall" when referring to the Council calling a special
election prompted by a petition of the electorate.
The city Attorney stated he would work with Mr. Casey on the
phrasing of the question that would go on the petition.
No further action was taken on this item.
1.5
REPORT RE: CHAMBERLAIN GOUDY VFW POST #5113 - SELLING
INTOXICATING LIOUOR TO MINOR
The City Manager explained that in September 1992 there was a
violation at the VFW when a bartender sold intoxicating liquor to
a minor. The bartender was charged, went to court and was fined
$200. After that there was a meeting with the VFW to discuss a
Stipulation where the City would assess a penalty for the
violation. At that meeting, the Commander and Manager of the VFW
agreed to a settlement that would have to come back to the City
Council in written form and signed by 'the VFW. This negotiated
settlement was that the VFW would close for 5 days, Sunday through
Thursday (March 21 - 25), and pay a fine of $500. Since then the
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March 9, 1993
VFW contacted the City Manager and stated that they are now
objecting to the penalty that was being proposed and wanted to
suggest another proposal. Their proposal is that the VFW would
close for 5 consecutive Mondays and pay the $500 fine. The City
Manager asked for direction from the City Council.
The City Attorney cautioned the Council that tonight is not the
night for the City to present evidence or for the Council to make
a decision. He reported that the Stipulation that was agreed to
was sent to the VFW and has not been returned to City Hall. There
are two things that the Council could do tonight:
Direct the Staff to go back and continue to negotiate
with the VFW to see if this can be resolved thru
arbitration or peaceful means.
To order the Staff to go back and prepare the necessary
documents to start a hearing. The VFW is entitled, under
the ordinance and the statute, to a hearing and therefore
he cautioned the Council not to get involved in talking
about penalties tonight. This hearing would fall under
the Administrative Procedures Act, which would require an
Administrative Law Judge from the State of Minnesota be
assigned. Both parties would then go forward with their
evidence, then that Judge would make a recommendation.
Eventually though, the city Council is the one who has
the authority and the power to either suspend or revoke
the license and levy a civil penalty.
The City Attorney asked for general direction from the Council on
what they would like to see Staff do now.
Councilmember Smith asked what the maximum penalty would be. The
City Attorney stated that the maximum penalty would be revocation
or suspension for 60 days and a fine of $2000 and the City could
call the VFW's $5000 bond.
The Council agreed that they would like to see this resolved
through negotiations. The Council stated they felt what was
offered originially was appropriate and in line with what has been
done before for such violations.
MOTION made by Johnson, seconded by Jessen directing Staff to
get back together with the VFW and see if they can work out a
stipulation that the Staff would feel was appropriate to
recommend to the Council. The vote was 4 in favor with Smith
voting nay. Motion carried.
Councilmember Smith stated that he voted against the motion because
he was comfortable with what the Staff negotiated originally.
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March 9, 1993
COMMENT8 & SUGGESTIONS FROM CITIZENS PRESENT
There were none.
1.6 ADOPT SUMMARY ZONING/SHORELAND ORDINANCE AND MAP
The City Manager reported that this is the Summary of Ordinance
%61-1993 (Zoning/Shoreland Management Ordinance) that was adopted
at the last Council Meeting. Also to be published is the updated
Zoning Map. The Ordinance would be in effect Monday, March 15,
1993.
Councilmember Jensen asked about extensions to variances and the
effect the new zoning ordinance will have on them. The City
Attorney stated that if a person does not do anything within one
year of the variance approval and it comes back to the Council for
an extension, the Staff should be routinely reviewing these and if
there is a major change, they should not recommend the extension.
Then it would go back to the Planning Commission and Council.
Smith moved and Jensen seconded the following:
SUMMARY OF ORD. %61-1993 AN ORDINANCE REGULATING THE USE OF
AND REVISED ZONING MAP LAND IN MOUND BY DISTRICTS INCLUDING
THE REGULATIONS OF THE LOCATION,
SIZE, USE AND HEIGHT OF BUILDINGS,
THE ARRANGEMENT OF BUILDINGS ON
LOTS, AND THE DENSITY OF POPULATION
FOR THE PURPOSE OF PROMOTING THE
PUBLIC HEALTH, SAFETY, ORDER,
CONVENIENCE, AND GENERAL WELFARE OF
THE CITIZENS OF MOUND
The vote was unanimously in favor. Motion carried.
1.7 SET PUBLIC HEARING TO CONSIDER THE ISSUANCE OF A CONDITIONAL
USE PERMIT FOR OPEN SALES LOT AT HARRISON BAY MOBIL, 4831
1.8
SHORELINE DRIVE, IN THE B-2 GENERAL BUSINESS ZONING DISTRICT
MOTION made by Smith, seconded by Jessen to set April 13,
1993, for a public hearing to consider the issuance of a
Conditional Use Permit for open sales lot at Harrison Bay
Mobil, 4831 Shoreline Drive, in the B-2 General Business
Zoning District. The vote was unanimously in favor. Motion
carried.
APPROVAL OF TREE REMOVAL LICENSE RENEWALS AND NEW PUBLIC DANCE
PERMIT
The following Tree Removal Licenses are up for renewal on March 31,
64
65
1993:
March 9, 1993
Aaspen Tree Service
Robert F. Dahlke
Eklunds Tree Service
Emery's Tree Service
Lutz Tree Service
Shorewood Tree
The Tree Stump Co.
The following Public Dance Permit application has been received:
Headliners Bar & Grill - Permit period 3/15/93 - 3/14/94.
MOTION made by Smith, seconded by Ahrens to authorize the
issuance of the above licenses and permits contingent upon all
required forms, insurance, etc. being provided. The vote was
unanimously in favor. Motion carried.
1.9 PAYMENT OF BILLS
MOTION made by Johnson, seconded by Smith to authorize the
payment of bills as presented on the pre-list in the amount of
$89, 849.67, when funds are available. A roll call vote was
unanimously in favor. Motion carried.
INFORMATION/MISCELLANEOUS
A. February 1993 Department Head monthly reports.
B. L.M.C.D. Representative's monthly report for February 1993.
c. LMCD Mailings.
De
Letter from Deb Luesse, 3225 Amhurst Lane expressing her
appreciation for the Council decision to remove four mid-block
crosswalks.
E. Notice for NSP re: Hearings on Proposed Rate Increase.
Fe
Letter dated February 26, 1993, from Representative Steve
Smith responding to my February 9, 1993, letter re: Governor
Arne Carlson's Budget Proposal.
G. Planning Commission Minutes - February 22, 1993.
H. Economic Development Commission Minutes of February 18,
1993.
REMINDER: Dock Meeting, Thursday, March 25, 1993, 10:00 A.M. -
12 Noon, City Hall. Format will follow last year's meeting
w/realtors.
J. Tuesday, March 16, 1993, at 7:30 P.M. COW Meeting, city Hall.
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March 9, 1993
MISCELLANEOUS
Councilmember Smith asked how the Planning Commission is doing on
the Exterior Maintenance Ordinance. Councilmember Jensen stated
that her understanding was that the exterior maintenance issue was
being looked at relative to what we can do with our nuisance
ordinance before we develop another ordinance. The City Manager
stated this will be on the COW Agenda next week.
Councilmember Jensen stated the Planning Commission is working on
Truth in Sale of Housing.
The Council asked what was happening with the Rental Housing
Ordinance. The City Manager reported it is moving slowly. The
Council discussed setting a timeline for this. The Council asked
that a recommendation be presented at the 2nd Meeting in May on the
Rental Housing Ordinance.
Councilmember Smith stated that the Commons Task Force has done all
the video work and all the dock sites are numbered on the videos
and the dedications. They will be doing the narrations on
Wednesday evening.
The Mayor stated that Bruce Miller is the winning artist for the
Federal Duck Stamp. He will be meeting with the people who are
putting together the kickoff of the first day of sales of these
stamps on Monday, March 15. The first day of sales will be June
30th in Washington, D.C. Then Mr. Miller will return here for the
first day of sale locally, July 1st. The Mayor will report back.
MOTION made by Smith, seconded by Jessen to adjourn at 8=55
P.M. The vote was unanimously in favor. Motion carried.
~nukle, Jr., City Manager
Attest: City ~lerk
66
BILLS .March 09, 1993
BATCH 3024 $89,849.67
TOTAL BILLS $89,849.67