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1993-06-22164 June 22, 1993 MINUTES - MOUND CITY COUNCIL - JUNE 22, 1993 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, June 22, 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, Finance Director Gino Businaro and the following interested citizens: June Kenealy, Keith Putt, Ken Roelofs, Ken Dahlgren, Lin Terwilliger, Gloria Sistek, Paul Erickson, Leah Weycker, Valeri Kavros, Linda Kunde, David Schrupp, Karen & Leeanne Pederson, Greg & Vicki Pederson, Robert & Marilyn Byrnes, Peter Meyer and Dan Hartman. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. 1.0 MINUTES MOTION made by Jessen, seconded by Smith to approve the Minutes of the June 8, 1993, Regular Meeting, as submitted. The vote was unanimously in favor. Motion carried. 1.1 SETTING DATE FOR BOND SALES Dan Hartman, Springsted, explained that the first issue of $1,350,000 General Obligation Water and Sewer Revenue Bonds, Series 1993B is being issued for the following: water meter reading system; painting a water tower; water main improvements; and sewer lift station improvements. Also with this issue will be $540,000 General Obligation Building Refunding Bonds, Series 1993C. He stated that the City will be saving about $24,000 if these two bond issues are done together. He recommended that the City issue the above to take advantage of the favorable rates now. The City will increase water and sewer rates by 5 percent each year in 1994, 1995, 1996 and 1997 to provide sufficient revenue to meet debt service payments on the Water & Sewer Revenue Bonds as well as the debt service on the City,s $155,000 outstanding General Obligation Water Revenue Bonds of 1984. Based on the Council's discussion at the June 9, 1993, meeting regarding a water treatment facility, Mr. Hartman recommended that the Council work through this decision looking at where water rates would be if this was done and starting a process of informing the public on the water rates if this water treatment facility were installed. He stated this can be a long process. 164 165 June 22, 1993 The City Attorney asked about negotiated sales vs. public sales of the bonds. Mr. Hartman explained that this process is a negotiated/competitive sale and will cut back on the costs of the sale. Smith moved and Ahrens seconded the following resolution: RESOLUTION %93-76 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,350,000 GENERAL OBLIGATION WATER AND SEWER REVENUE BONDS, SERIES 1993B, FOR IMPROVEMENTS TO THE WATER AND SANITARY SEWER SYSTEMS OF THE CITY The vote was unanimously in favor. 1.2 Motion carried. Ahrens moved and Jessen seconded the following resolution: RESOLUTION %93-77 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $540,000 GENERAL OBLIGATIONS BUILDING REFUNDING BONDS, SERIES 1993C The vote was unanimously in favor. Motion carried. Proposals for both of these bonds will be received July 27, 1993, until 10:30 A.M., Central Time, at the offices of Springsted, Inc., 85 East Seventh Place, Suite 100, St. Paul, MN. The Council will consider the award of the Bonds at the July 27, 1993, City Council Meeting. 1.3 CASE #93-018: JERRY WEILAND FOR TIM KENEALY, 6319 BAY RIDGE ROAD, LOT 9, BLOCK 1, HALSTEAD ACRES 2ND ADDITION, PID ~23-117-24 33 0020, VARIANCE FOR ADDITION The Building Official reported that the Planning Commission recommended approval recognizing the existing nonconforming street frontage of 15 feet. The addition is fully conforming. Smith moved and Ahrens seconded the following resolution: RESOLUTION %93-78 RESOLUTION TO APPROVE A STREET FRONTAGE VARIANCE TO ALLOW CONSTRUCTION OF A CONFORMING SUN PORCH AT 6319 BAY RIDGE ROAD, LOT 9, BLOCK 1, HALSTEAD ACRES 2ND ADDITION, PID %23-117-24 33 0020, P & Z CASE %93-018 The vote was unanimously in favor. Motion carried. 165 166 1.4 CASE ~93-019: June 22, 1993 DAVID THOMPSON, FOR VALERI KAVROS, 4822 GLASGOW ROAD, RLS 1571, TRACT A, PID ~24-117- 24 44 0214, REQUEST= VARIANCE FOR NEW CONSTRUCTION The Building Official explained the request. The Planning Commission recommended approval with conditions. The Building Official stated that the survey done in 1984 when the subdivision was approved was incorrect in lot area requiring a 79.74 square foot variance to allow new construction. Smith moved and Jessen seconded the following resolution: RESOLUTION %93-79 RESOLUTION TO APPROVE A LOT AREA VARIANCE TO ALLOW CONSTRUCTION OF A NEW DWELLING AT 4822 GLASGOW ROAD, RLS %1571, TRACT A, PID %24-117-24 44 0214, P & Z CASE %93- 019 The vote was unanimously in favor. Motion carried. 1.5 CASE ~93-020: KEITH PUTT, 5562 SHERWOOD DRIVE, RLS 1222, TRACT C, PID ~13-117-24 23 0030, VARIANCE FOR ADDITION The Building Official explained the request. The Planning Commission recommended approval with conditions. The Council discussed the reduction of approximately 800 square feet of hard cover because the pool and patio area will be removed. The Council discussed the 30% hardcover rule in the shoreland management ordinance that was mandated by the DNR and how many more variances this will cause in Mound. Smith moved and Jensen seconded the following resolution: RESOLUTION %93-80 RESOLUTION TO APPROVE A LOT AREA, SIDE YARD SETBACK AND HARDCOVER VARIANCE TO ALLOW CONSTRUCTION OFANADDITION AT 5562 SHERWOOD DRIVE, RLS %1222, TRACT C, PID %13-117-24 23 0030, P & Z CASE %93-020 The vote was unanimously in favor. Motion carried. 1.6 CASE #93-021: W. WAYNE & LIN TERWILLIGER, 2945 CAMBRIDGE LANE, LOTS 9 & 10, BLOCK 34, WYCHWOOD, PID ~24-117-24 42 0008, VARIANCE FOR COVERED DECK The Building official explained the request. Commission recommended approval with conditions. The Planning 166 167 June 22, 1993 Smith moved and Ahrens seconded the following resolution: RESOLUTION %93-81 RESOLUTION TO APPROVE HARDCOVER AND SETBACK VARIANCES TO ALLOW THE EXPANSION OF A ROOF STRUCTURE AT 2945 CAMBRIDGE LANE, LOTS 9 & 10, BLOCK 34, WYCHWOOD, PID %24-117-24 42 O008v P & Z CASE %93- 021 The vote was unanimously in favor. Motion carried. 1.7 CASE ~93-022: KEN ROELOFB CONST., INC., FOR KENNETH DAHLGREN, 4347 WILSHIRE BLVD., PART OF LOTS 75 & 76 AND LOT B IN THE FIRST RE-ARRANGEMENT OF PHELPS ISLAND PARK, FIRST DIVISION, PID ~19- 117-23 13 0008, VARIANCE FOR DECK The Building official explained the request. Commission recommended approval with conditions. The Planning Ahrens moved and Smith seconded the following resolution: RESOLUTION %93-82 RESOLUTION TO APPROVE A LAKESIDE SETBACK, STREET FRONTAGE, AND HARDCOVER VARIANCE TO ALLOW CONSTRUCTION OF A DECK AT 4347 WILSHIRE BLVD., PART OF LOTS 75, 76 & LOT B IN THE FIRST RE-ARRANGEMENT OF PHELPS ISLAND PARK, FIRST DIVISION, PID %19-117- 23 13 0008, P & Z CASE %93-022 The vote was unanimously in favor. Motion carried. 1.8 CASE #93-024: GLORIA SISTEK, 5342 PIPER ROAD, LOT 39, WHIPPLE SHORES, PID #25-117-24 21 0110, VARIANCE FOR GARAGE The Building Official explained the request. Commission recommended approval with conditions. The Planning RESOLUTION %93-83 RESOLUTION TO APPROVE A LAKESIDE SETBACK AND HARDCOVER VARIANCE TO ALLOW CONSTRUCTION OF A CONFORMING GARAGE AT 5342 PIPER ROAD, LOT 39, WHIPPLE SHORES, PID %25-117-24 21 0110, P & Z CASE %93- 024 The vote was unanimously in favor. Motion carried. 1.9 CASE #93-025: DAVID SCHRUPP FOR LINDA KUNDE, 4916 HANOVER ROAD, LOTS 16 & 17, BLOCK 18v DEVON, PID #25- 117-24 11 0082, VARIANCE FOR DECK 167 168 June 22, 1993 The Building Official explained the request. The Planning Commission recommended approval with Councilmember Jensen voting nay because she felt there was no hardship when it comes to a deck. The Council asked that another Whereas be added to the proposed resolution stating, "Whereas, the additional 25 square feet of hardcover is far enough from the lake to minimize the runoff effect on the lake. Smith moved and Johnson seconded the following resolution: RESOLUTION %93-84 RESOLUTION TO APPROVE A ID~ItDCOVER V~RIANCE TO ALLOW CONSTRUCTION OF A CONFORMING DECK AT 4916 HANOVER ROAD, LOTS 16 AND 17, BLOCK 18, DEVON, PID %25- 117-24 11 0082, P & Z CASE %93-025 The vote was 4 in favor with Jensen voting nay for the same reason as at the Planning Commission meeting. Motion carried. 1.10 CASE ~93-026: KAREN & LEEANNE PEDERSON, 2050 WATERSIDE LANEt LOTS i & 2, BLOCK 2, LAKESIDE PARK CROCKER,S, PID 313-117-24 33 0022, VARIANCE FOR DECK The Building Official explained the request. The Planning Commission recommended approval with conditions. Ahrens moved and Jensen seconded the following resolution: RESOLUTION %93-85 RESOLUTION TO APPROVE A LOT AREA AND SETBACK VARIANCE TO ALLOW CONSTRUCTION OF A DECK AT 2050 WATERSIDE LANE, LOTS i & 2, BLOCK 2, LAKESIDE PARK: A.L. CROCKER'S 1ST DIVISION, PID %13-117-24 23 0022t P & Z CASE %93-026 The vote was unanimously in favor. Motion carried. 1.11 CASE #93-027: GREG & VICKI PEDERSON, 6087 ASPEN ROAD, LOT 18~ BROOKTON~ PID ~14-117-24 31 0019~ REQUEST: VARIANCE FOR POOL The Building Official explained the request. The Planning Commission recommended approval. Smith moved and Jessen seconded the following resolution: 168 169 I:~80LUTZON #95-86 The vote was unanimously in favor. 1.12 PUBLIC LAND PERMIT APPLICATION= June 22, 1993 RESOLUTION TO APPROVE A VARIANCE FOR A POOL AT 6087 ASPEN ROADv LOT 18v BROOKTON~ PID %14-117-24 31 0019~ P & Z CASE %93-027 Motion carried· ROBERT & MARILYN BYRNES, 2851 CAMBRIDGE L]tNE~ LOT 10, BLOCK 38, WYCHWOOD, DOCK SITE #51735, CONSTRUCTION ON PUBLIC LAND TO REPLACE EXISTING STAIRWAY The Building Official explained the request. The Park & Open Space Commission recommended approval. Smith moved and Ahrens seconded the following resolution: RESOLUTION %93-87 RESOLUTION TO APPROVE A CONSTRUCTION ON PUBLIC LANDS PERMIT TO REPLACE AN EXISTING STAIRWAY ON BRIGHTON COMMON ABUTTING 2851 CAMBRIDGE LANE, LOT 10, BLOCK 38, WYCHWOOD, FOR 5 YEARS RENEWABLE~ DOCK SITE %51735 The vote was unanimously in favor. Motion carried. 1.13 COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT Peter Meyer, 5748 Sunset Road was present and gave the following reasons not to build a grocery store, liquor store and bank on the community center site: It is a historical landmark in the community. It is too costly for the city and he does not think Mound residents should subsidize this with tax increment financing. It is too costly for the Westonka School District. The cost of restoring and bringing the building up to fire and accessibility codes would cost district residents millions of dollars less than replacement cost. It has extra space which the school district is in need of which means less is construction. The Community Center is centrally located and convenient to all citizens. According to The Laker, the City and the School District have shown an interest building an auditorium with a seating capacity of 500 or more, at a cost of two million dollars. The Community Service Building already has an 1200 seat auditorium and all you would have to do is replace the gym out at the high school. 169 170 June 22, 1993 Green space in the center of Mound is irreplaceable. I do not want to see the football and softball fields turned into a parking lot. If you measure a good community economy only in terms of dollars, then it makes no sense to move the liquor store which contributes $100,000 per year to the City budget. Where will this money be made up from, what services will be cut, until some future point in time when a new stores cost and increased overhead allows it to turn a profit? 10. We need to look at the human side of our community's economy, we do not need a store that sells drugs being made more visible. If the ball fields are paved over, we will lose forever a large share of Mound's best Bluebird nesting habitat. Fifteen years ago Bluebirds were on the verge of being put on the endangered species list, but through the efforts of many dedicated individuals in the Bluebird recovery program, they are making an amazing comeback. Bluebirds have nested at the ball fields for the last two years, and to his knowledge are the only nesting Bluebirds in the City of Mound. What value can you put on these beautiful birds. We need to examine the Community Center proposal in terms of what is ethically and aesthetically right as well as what is economically expedient. The Mayor pointed out that the City took an interest in the Community Center because the possibility existed that the School District may cease to use that facility. There was no proposal. A poll has been taken by the School District and results indicate that this is not feasible at all and is not going to happen. The Council thanked Mr. Meyer for his comments. 1.14 APPROVAL OF FLOODPLAIN OVERLAY ORDINANCE AND THE SUMMARY ORDINANCE The Building Official explained that the Floodplain Overlay Ordinance and Summary are in ready to be adopted in their correct form. Smith moved and Ahrens seconded the following: ORDINANCE #63-1993 AN ORDINANCE MODIFYING AND ADDING SECTION 3OO:15 TO THE CITY CODE RELATING TO FLOODPLAIN OVERLAY REGULATIONS AND ADOPTING A SUMMARY OF THIS ORDINANCE FOR PUBLICATION 170 171 June 22, 1993 The vote was unanimously in favor. Motion carried. 1.15 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH SOUTHWEST METRO DRUG TASK FORCE Jessen moved and Jensen seconded the following resolution: RESOLUTION #93-88 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH SOUTHWEST METRO DRUG TASK FORCE The vote was unanimously in favor. Motion carried. 1.16 APPLICATION FOR PORTABLE SIGN - OUR LADY OF THE LAKE INCREDIBLE FESTIVAL MOTION made by Smith, seconded by Ahrens to approve a portable sign permit for Our Lady of the Lake Incredible Festival for the following: I over street banner in The Highlands; $ free standing "A" frame wooden signs in the following locations (Mound Depot, 3 Points old Fina Station, Superamerica Station, parking area across from John,s Variety, north wall of OLL), from July 3 to July 26, 1993. The vote was unanimously in favor. Motion carried. MOTION made by Johnson, seconded by Ahrens to waive the fee for the above portable sign application. The vote was unanimously in favor. Motion carried. 1.17 PAYMENT OF BILLS MOTION made by Smith, seconded by Jensen to authorize the payment of bills as presented on the pre-list in the amount of $329,304.02, when funds are available. A roll call vote was unanimously in favor. Motion carried. 1.18 REOUEST TO ADDRESS THE CITY COUNCIL RE: MILFOIL TREATMENT - DUTCH LAKE, NANCY NORDSTROM, 5856 GRANDVIEW BLVD. The Council reviewed the letter submitted by Ms. Nordstrom. MOTION made by Johnson, seconded by Jensen to contribute the same amount given last year ($500.00) to help fight the milfoil in Dutch Lake. The vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS Financial Report for May 1993, as prepared by Gino Businaro, Finance Director. 171 172 Be Ce Do Ee Fe G. H. I. Je Ko Mo June 22, 1993 Letter dated May 25, 1993, written from the League of Minnesota Cities to Michael Durell, Minneapolis re: the removal of Mayor Johnson from office. Letter dated June 8, 1993, from Mo Mueller, of the Parks & O~en Space Commission re: her lack of attendance at recent meetings. POSC did not take any position on this letter. The Council to let the Park & Open Space Commission make a recommendation on this item. Letter dated June 14, 1993, from Brian Asleson of the Parks & Open Space Commission resigning from the POSC. The Council acknowledged Mr. Asleson for his fine work and dedication to the Commission over the years. Notice from the Governor's Office re: vacancies on Metropolitan Council due to redistricting of the Metro Council districts. Letter dated June 9, 1993, from Governor Arne Carlson re: 1994-95 budget of the State of Minnesota. Park & Open Space Commission Minutes of June 10, 1993. Planning Commission Minutes - June 14, 1993. FY The schedule for the West Hennepin Human Services Planning Board for the remainder of the year: Meeting Date Mayor/City Council July 6 Skip No August Meeting Sept. 7 Liz Oct. 5 Andrea Nov. 2 Phyllis Dec. 7 Ken Packets will be sent to us prior to these meetings. send them out as I get them. I will Notice from State of Minnesota, Public Utilities Commission re: Minnesota Independent Equal Access Corporation ("MIEAC") filing for a general rate increase. Letter dated June 12, 1993, from Hennepin County Old Tyme County Fair inviting you to attend this year's events. REMINDER: Lake Area Mayor's Meeting has been rescheduled for Wednesday, June 30, 1993, 5:30 P.M., Shorewood City Hall. Agenda will focus on service delivery analysis to be performed with technical assistance to be provided by the Metropolitan Council. REMINDER: Mound City Days, June 18-20, 1993. 172 173 Ne Oe June 22. 1993 REMINDERS City of orono Open House at new City Hall, Sunday, June 20, 1993, 1-4 P.M. REMINDER: Bruce Miller Day, Thursday, July 1, 1993. The City Manager updated the Council. All activities will now be at parking lot between Community Center and the Pond Arena from 10:00 A.M. to 4:00 P.M. There will not be an evening banquet at the Lafayette Club. MOTION made by Smith, seconded by Jessen to adjourn at 9:35 P.M. The vote was unanimously in favor. Motion carried. ~ ~ ..... ~' t, ~, jr., CltyManager E~a~d J. Shu~le, ........... At~est: ~-Cier~ -- - 173 BILLS June 22, 1993 BATCH 3053 $152,675.65 BATCH 3062 176,628.37 TOTAL BILLS $329,304.02