1993-03-23March 23, 1993
MINUTES - MOUND CITY COUNCIL - MARCH
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, March 23, 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: Dennis Erickson, Gert Gerold,
Kiki Sonnen, Karen Walters, Nancy Lanz, Vera Bee, Dotty O'Brien,
Cathy Bailey, Matt Reinitz, Jamie & Wendy Dahl, Craig Eckley, Nick
Gerold, Durant Hins, Adam Cook, Allex Erickson, Matt Eckley, Joel
Reinitz, Shane Banicki, Greg Gervais, Adele Mehta, Douglas Heinsch,
Bill Voss, David Carlson, Peter Meyer, Michael Durell, Oy Moy, Fi
Yin Moy, Phillip McDonald, Carolyn & Leo Fink, and Walter Garvais.
The Mayor opened the meeting and welcomed the people in attendance.
The Pledge of Allegiance was led by Boy Scout Troup #571.
1.0 MINUTES
MOTION made by Jessen, seconded by Jensen to approve the
Minutes of the March 9, 1993 Regular Meeting and the March 16,
1993 Committee of the Whole Meeting, as submitted. The vote
was unanimously in favor. Motion carried.
1.1
PUBLIC HEARING: 1993 (YEAR XIX) URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
The City Manager explained that this year the following is being
proposed for funding by CDBG funds:
Westonka Community Action Network
Westonka Intervention
Westonka Senior Center - Operation
Rehabilitation of Private Property
$ 7,500
$ 5,700
$22,428
$27,395
TOTAL $63,023
The Mayor opened the public hearing.
in favor of the above programs:
The following persons spoke
Dotty O'Brien, Nancy Lanz, Karen Walters, and Kiki Sonnen.
The Mayor closed the public hearing.
Jessen moved and Smith seconded the following resolution:
69
70 '~
Mound City Council
March 23, 1993
RESOLUTION #93-31
RESOLUTION APPROVING PROJECTED USE OF
FUNDS FOR 1993 (YEAR XIX) OF THE URBAN
HENNEPIN COUNTY COMMUNITY DEVELOPMENT
BLOCK GliNT PROGRJ~
The vote was unanimously in favor. Motion carried.
1.2
CASE t93-002:
DUANE ~EIMERT, 5125 DRUMMOND ROAD, LOTS 7 & 8,
BLOCK 14, WHIPPLE, PID t24-117-24-12 0113,
VARIANCE
The Building official explained that the owner of the property, Mr.
Heinsch, was present and agreed to be a joint applicant with Duane
Beimert in the request for a variance. This will be added to the
proposed resolution.
Johnson moved and Ahrens seconded the following resolution:
RESOLUTION #93-32
RESOLUTION TO APPROVE A VARIANCE
RECOGNIZING AN EXISTING NONCONFORMING
ADDITION AT 5125 DRUMMOND ROAD, LOTS 7 &
8t BLOCK 14, WHIPPLEt PID #25-117-24 12
0113, P & Z CASE #93-002
The vote was unanimously in favor. Motion carried.
1.3
CASE #91-005:
BILL VOSS, 4608 KILDARE ROAD, LOT 6, BLOCK 11,
SETON, PID ~19-117-23 21 0028, VARIANCE
EXTENSION
The Building Official explained that Mr. Voss has requested an
extension for Resolution #92-32. The Planning Commission
recommended approval.
Smith moved and Jessen seconded the following resolution:
RESOLUTION #93-33
RESOLUTION TO APPROVE A VARIANCE
EXTENSION TO RESOLUTION #92-32 FOR LOT 6,
BLOCK 11, SETON~ PID #19-117-23 21 0028,
4608 KILDARE ROAD, P & Z CASE #91-055
The vote was unanimously in favor. Motion carried.
70
March 23, 1993
1.4
CASE ~93-004=
DAVID CARLSONt 5860 IDLEWOOD ROADt LOT 4t & E
1/2 OF LOT 5, BLOCK lr THE HIGHLANDS, PID %23-
117-24 42 0014, VARI]tNCE
The Building official explained that the applicant has now provided
a current survey. This shows that #1 in the proposed resolution
should read as follows: "The City does hereby approve a 2.4 foot
front yard setback variance ......... ". He reported that the
Planning Commission recommended approval with the conditions listed
in the proposed resolution.
Smith moved and Jensen seconded the following resolution:
RESOLUTION %93-34
RESOLUTION TO APPROVE A VARIANCE FOR LOT
4, & 1/2 OF LOT 5, BLOCK 1, THE
HIGHLANDS, PID %23-117-24 42 0014, 5860
IDLEWOOD ROAD, P & Z CASE %93-004
The vote was unanimously in favor. Motion carried.
1.5
CASE ~93-005=
DENNIS ERICKSON, 2424 AVON DRIVE, LOT 1, BLOCK
1, SHIRLEY HILLS UNIT B, PID #24-117-24 12
0003, MINOR SUBDIVISION
The Building Official explained the request. The Planning
Commission recommended approval. He then stated that it has been
called to his attention that there should have been Park Dedication
fees charged and he proposed adding #7 to the resolution requiring
that fee in the amount of $500.00 per lot ($1000.00). The City
Attorney stated this fee is required according to City Code.
Smith moved and Ahrens seconded the following resolution adding #7:
RESOLUTION %93-35
RESOLUTION TO APPROVE A MINOR SUBDIVISION
FOR LOT 1, BLOCK 1, RE-ARRANGEMENT OF
BLOCKS i & 2, SHIRLEY HILLS UNIT B, PID
%24-117-24 12 0003, 2424 AVON DRIVE, P &
Z CASE %93-005
The vote was unanimously in favor. Motion carried.
1.6 CASE ~93-007:
HESTIA HOMES, 3239 ROXBURY LANEt LOT it 2 & 3~
BLOCK 26~ DEVON~ VARIANCE
The Building Official explained the
Commission recommended approval last
listed below:
request. The Planning
night with conditions as
71
72
March 23, 1993
Proper drainage be maintained as to not adversely affect
the neighboring properties. The drainage provisions
shall be reviewed and approved by the City Engineer and
Building Official.
A hard surface driveway is required and a control joint
shall be installed at the intersecting front property
line as approved by the Building official and Public
Works Superintendent.
(The Building Official suggested that #2 be
installed within 1 year and any new owner be
apprised of this requirement. The Council agreed.
This will be added to #2 in the final resolution.)
There shall be not exterior storage on, or use of the
unimproved Roxbury Lane.
Ahrens moved and Smith seconded the following resolution:
RESOLUTZON #93-36
RESOLUTION TO APPROVE A STREET FRONTAGE
VARIANCE FOR 3239 ROXBURY LANE, LOTS 1-3
& S 25' OF VAC DRUMMOND ROAD, BLOCK 26,
DEVON, PID %25-117-24 12 0201, P & Z CASE
#93-007
The vote was unanimously in favor. Motion carried.
1.7
CASE ~93-008: W.G. ANDERSON, 5310 SHORELINE DRIVE, AMENDMENT
TO OPERATIONS PERMIT FOR EXTERIOR VENT STACK
The Building Official explained the Planner's recommendation. The
Planner's recommendation was to have the exterior vent stacks boxed
in with similar material to the building. Mr. Garvais,
representing Walter G. Anderson Corp., stated he would like to just
paint the stacks with the same colors as the building. The Council
discussed boxing vs. painting. Mr. Garvais assured the Council
that they would not let the stacks become unsightly. The Council
agreed to let them paint the stacks.
Smith moved and Jessen seconded the following:
RESOLUTION #93-37
RESOLUTION TO APPROVE THE AMENDED
OPERATIONS PERMIT FOR WALTER G. ANDERSON
CORPORATION AT 5310 SHORELINE DRIVE WITH
THE PROVISION THAT THE STACKS WILL BE
PAINTED TO MEET STAFF SPECIFICATIONS
The vote was unanimously in favor. Motion carried.
72
March 23, 1993
COI~ENTS ~ SUGGESTIONS FROMCXTXZENS PRESENT
Peter Meyer, 5748 Sunset Road, asked to be heard regarding the open
space preservation referendum. He asked for a motion directing
Staff to help Mr. Tom Casey in determining cost per $100,000 of
bonds, applied to the City tax base as a whole. Simply how much
per household per $1000 market value and how many years.
Councilmember Smith stated he does not feel the City needs to spend
Staff time and money on something that the open space preservation
group should be doing themselves.
The city Manager stated that the City has worked with Mr. Casey on
the language for the question. He asked if the Council felt the
City should involve itself beyond the establishment of the question
when the City is not promoting this project. The Manager reported
that he has spoken to Mr. Casey and told him he did not have the
authorization from the Council to provide more information.
The Council discussed this with regard to making sure the correct
numbers get to the public so they can make an informed decision.
The city Attorney stated that in his discussions with Mr. Casey, he
felt Mr. Casey was asking for more research, not just one question,
as stated by Mr. Meyer. He stated he thinks the City Manager is
concerned that the Staff is going to become a proponent by sitting
down and doing the research work.
The Mayor asked Mr. Meyer if he received a piece of paper stating
that if the City of Mound were to issue bonds at an approximate
interest rate (and the Finance Director has a good idea what the
additional costs are and the rules of thumb), would he be back
asking for more additional information? Mr. Meyer stated no, that
they are looking to tell homeowners how many dollars this is going
to cost them based on whatever the market value of their property
is.
The City Manager stated that he has not been able to get a firm
number from Mr. Casey on the total cost before the City can give
him additional City costs.
MOTION made by Johnson, seconded by Jensen directing Staff to
provide information pertaining to costs of bonding and
spreading it to representative properties with a very limited
amount of Staff time. If more information is asked for, Staff
will come back to the Council for direction.
74
March 23, 1993
Councilmember Jensen stated that Mr. Casey or the open
space preservation group are going to have to come up
with a figure on the cost of the land. The City Manager
agreed that the land cost is the first step.
The City Attorney stated that he has pointed out to Mr.
Casey that there is no number on the cost of the land.
That is the first step before other costs can be
established. He suggested the group negotiate with Mr.
Weber on a price. The City Attorney further stated that
he has prepared and given to Mr. Casey language which
would be clear, but a number needs to be inserted by the
open space preservation group. He also pointed out that
the developers of Teal Pointe are incurring costs
everyday preparing the EAW, so the price of the land is
going up daily.
Mr. Meyer stated that there are many other parcels of
undeveloped land in Mound which they would also be
interested in acquiring. These may not be as expensive
as Teal Pointe. He further stated there is a ceiling of
the money that they can raise through a petition through
a referendum and they would like to raise enough to
purchase Teal Pointe, but if they can't, they could
possibly save some of the other areas the developers
haven't gotten yet.
The Mayor stated that the Council has said that they do
not support spending City money to do a referendum.
The City Attorney cautioned the open space group about
how they phrase the question they put in the petition
because in talking with Mr. Casey he has presented some
questions that would not be appropriate to present to the
voters. He also pointed out that they also need to do
some things with the petition that allow the City to find
out if the signers are qualified voters in Mound.
The vote was 4 in favor with Smith voting nay.
1.9 RECEIPT OF PETITION FROM PERSONS REQUESTING CITY COUNCIL TO
RECONSIDER REMOVAL OF PEDESTRIAN CROSSWALK ON SHORELINE DRIVE
BETWEEN HOUSE OF MOY AND PARKING LOT
The city Manager reported that Mr. Durell has presented a petition
asking the Council to reconsider the removal of the crosswalk in
front of the House of Moy. The petition contains approximately
2,000 signatures.
74
March 23, 1993
The City Manager reviewed the letter of March 19, 1993f from Tom
Johnson, Transportation Planning Engineer for Hennepin County. The
City had requested a "No Turn on Right" sign be placed at the south
intersection of CSAH 110 and CSAH 15 for traffic turning east from
northbound CSAH 110. Mr. Johnson's recommendation was that this
not be installed because it has been their policy not to install
these signs unless there is a sight distance problem or some other
identified problem the sign could correct.
The Council discussed the petition and the original decision to
remove this crosswalk. The following ideas were shared by the
Council:
Eliminate the crosswalks at the House of Moy and the Post
Office and install one east toward the bus shelter.
2. Paint the crosswalk area differently so it is more
visible.
Having the House of Moy patrons use the parking lot
behind the House of Moy and encourage Mrs. Moy to install
a rear entrance to the restaurant.
4. Trying to slow down the traffic on County Road 15.
5. Pursuing the "No Turn on Red" signing at 15 and 110.
6. Consider better signage for upcoming
crosswalks.
pedestrian
The fact that the removal of the mid block crosswalks was
done as a matter of public safety.
Continue to monitor what happens after the mid block
crosswalks are removed before taking further action.
e
Maybe putting a barrier at the curb in front of the House
of Moy to discourage people from just walking out the
door and crossing.
10. Putting flashing lights at the crosswalk area.
The following persons spoke:
Michael Durell, 1317 S.E. 6th St., Mpls. - Author of the
petition. He read the petition and encouraged the Council to
leave the crosswalk at the House of Moy.
75
March 23, 1993
Phillip McDonald, St. Paul - Pedestrian safety advocate. He
stated that his wife was killed in a crosswalk in St. Paul and
he is trying to encourage stronger laws in favor of the
pedestrian.
Oy MoF, 2458 FairView Lane - Read letter from Randi Saba, who
was struck in the crosswalk at County Road 15 and 110.
Carolyn Fink, 2350 Chateau Lane - Stated her husband was
struck in the crosswalk at County Road 15 and 110.
Wendy Dahl, 5014 Shoreline Drive - Stated she was almost hit
at the crosswalk near Hardees. Asked for better painting of
the crosswalks.
Mrs. Moy - Wants to keep the mid block crosswalk at her place
of business. Suggested bigger signs by the Post Office to let
people know that there is a crosswalk ahead.
The Council discussed pushing for stiffer laws to enforce crosswalk
violations by drivers.
The Counct~ stated that they met with the Downtown Business people
about remOving the mid block crosswalks prior to the action and
they did not object.
The Council discussed the fact that there has not been an accident
in front of John's Variety since that crosswalk was removed.
MOTION made by Jensen, seconded by Jessen to reconsider the
decision of February 9, 1993, to remove the crosswalk at the
House of Moy.
Councilmember Jensen stated she could add to the motion
that the Council & Staff investigate some of the
suggestions presented this evening. She stated she would
like to see the City move quickly to move the crosswalk
east of where it is located now. She stated she would
not like to see the House of Moy crosswalk removed until
a decision is made on installing another further east and
it is installed.
The Council discussed the fact that the consensus is that
the crosswalk at the House of Moy should be removed and
moved east toward the bus shelter.
The maker of the motion and the seconder withdrew their motion
and second.
The Council took a short break.
76
77
March 23, 1993
MOTION made ~y Jensen, seconded ~y Jessen to refer the
question of location of the House of Hoy crosswalk to the
Staff for further consideration and additional Staff and/or
County input to respond to questions and suggestions made by
the citizens and by Councilmembers regarding pedestrian
safety. The vote was 4 in favor with Ahrens voting nay.
MOTION made by Johnson, seconded by Jensen to defer action on
the removal of the House of Moy crosswalk until a decision is
made on the location of an alternative crosswalk. The vote
was 4 in favor with Ahrens voting nay.
The Council asked that the Staff try to figure out an alternative
for an additional sign or flashing light at the current House of
Moy crosswalk until a final decision is made.
1.10 SET PUBLIC HEARING TO CONSIDER AN AMENDMENT OF MOUND'S
FLOODPLAIN OVERLAY REGULATIONS, SECTION 330:15 OF THE
MOUND CODE OF ORDINANCES
MOTION made by Jensen, seconded by Smith to set April
1993, for a public hearing to consider an ~mendment to Mound,s
Floodplain Overlay Regulations, Section 330:15 of the Mound
Code of Ordinances. The vote was unanimously in favor.
Motion carried.
1.11 RECOMMENDATION FROM PARKS AND OPEN SPACE COMMISSION RE: 1993
SUMMER PARKS AND BEACH PROGRAM
The City Manager explained that the Park & Open Space Commission
has recommended approval of the proposed 1993 Summer Parks and
Beaches Program. This was a budgeted item in the 1993 Budget. One
new event will be "Celebrate Summer", which will offer special
events at Mound Bay Park on the 4th Sunday of each month from May
to August.
MOTION made by Johnson, seconded by Jensen to accept the
recommendations of the Park & Open Space Commission on the
1993 Summer Parks and Beaches Program in conjunction with
Westonka Community Education and Services. The vote was
unanimously in favor. Motion carried.
77
Na~h 23~ 1993
1.12 APPROVAL QF ~ ~TIPULATION - R~:
INTOXICATING LIOUOR TO MINORS
MOUND VFW POST 5113 SELLING
The City Manager explained that there is a revised stipulation that
has been s~gned by the VFW and now needs Council approval. This
states t3m%.i~he club intoxicating liquor license issued to the VFW
shall be ~en~ on !~he following days: March 22, March 23,
March 29, )~arch 30, A~I 5, and April~6, 1993. In addition, the
VFW shall p&y the Citya $500 civil penalty to offset the City's
costs in th~s matter.
Ahrens moved and Smith seconded the following resolution:
RESOLUTION %93-38
RESOLUTION APPROVING A STIPULATION WITH
VFW POST %5113 FOR A VIOLATION OF THE
MINNESOTA STATUTES CHAPTER 340A.503,
SUBD. 2 (SELLING INTOXICATING LIQUOR TO
MINORS) AND AUTHORIZING THE MAYOR AND
CITY MANAGER TO EXECUTE THIS STIPULATION
The vote unanimously in favor. Motion carried.
1.13 LICENSE APPROVALS - WESTONKA MDA - PUBLIC DANCE PERMIT
MOTION made by Smith, seconded by Ahrens to approve a Public
Dance Permit for Westonka MDA to be held March 27, 1993, at
the Mound VFW Post %5113. The fee was waived. The vote was
unanimously in favor. Motion carried.
1.14 PAYMENT OF BILLS
MOTION made by Jessen, seconded by Johnson to authorize the
payment of bills as presented on the pre-list in the amount of
$807,151.66, when funds are available. A roll call vote was
unanimously in favor. Motion carried.
1.15 APPROVAL OF APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING
Jensen moved and Jessen seconded the following resolution:
RESOLUTION %93-39
RESOLUTION APPROVING AN APPLICATION FOR
EXEMPTION FROM LAWFUL GAMBLING FOR THE
WESTONKA AREA CHAMBER OF COMMERCE - JUNE
19, 1993
The vote was unanimously in favor. Motion carried.
78
March 23, 1993
INFORMATION/MISCELLANEOUS
ae
February 1993 Financial Report as presented by Gino Businaro,
Finance Director.
B. Planning Commission Minutes of March 3, 1993
C. Parks and Open Space Commission Minutes of March 11, 1993.
D. Election information on redistricting.
Letter from a citizen, thanking officer John Ewald for his
service to the community.
Fe
REMINDER: Docks Meeting, Thursday, March 25, 1993, 10 AM to
12 noon, city Hall. Format will follow last year's meeting
with realters. Please plan on attending, if possible.
G. LMCD mailings.
He
Letter from Hennepin County RE:
Financing Alternatives.
Environmental Program
MOTION made by Smith, seconded by Johnson to adjourn at 11:15
P.M. The vote was unanimously in favor. Motion carried.
Jr.t
City ~anager
AtteSt: City Clerk
79
BILLS- -March 23, 1993
BATCH 3023 $366,555.07
BATCH 3032 440,596.59
TOTAL BILLS $807,151.66