1993-07-13195
July 13, 1993
MINUTES - MOUND CITY COUNCIL - JULY 13v 1993
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, July 13, 1993, in the Council Chambers
at 5341 Maywood Road, in said city.
Those present were: Mayor Skip Johnson, Councilmembers Andrea
Ahrens, Liz Jensen, and Phyllis Jessen. Councilmember Ken Smith
was absent and excused. Councilmember Smith arrived at 8:35. P.M.
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: Joanne Matzen, Pam Koring, Justine Guyot-Goode, Duane
Norberg, Joyce & Marvin Nelson, Duane Leisinger and Mark Jorland.
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 Johnson to approve the
Minutes of the June 22, 1993, as submitted. The vote was
unanimously in favor. Motion carried.
1.1 PRESENTATION OF BRUCE MILLER CANVASBACK PRINT BY THE NORTHWEST
TONKA LIONS
Mark Jorland and Duane Leisinger, representing the Northwest Tonka
Lions presented a print of Bruce Miller's Canvassbacks, the 1993
Duck Stamp Winner, to the City Council and the Citizens of Mound.
The Council thanked the Lions for their participation and the gift.
1.2 REQUEST TO REMOVE NO PARKING RESTRICTIONS ON THE SOUTH SIDE OF
ALDER ROAD, FROM THE INTERSECTION OF COMMERCE BLVD. WEST
APPROXIMATELY 300 FEET, MOUND EVANGELICAL FREE CHURCH
The City Manager introduced Mr. Duane Norberg, Trustee, for the
Mound Evangelical Free Church. He stated that they need the extra
parking mostly on Sunday mornings and Wednesday evenings. He has
contacted the Police Chief and he has no problem with removing the
no parking on the South side of Alder Road.
Jensen moved and Ahrens seconded the following resolution:
RESOLUTION %93-89
RESOLUTION TO REMOVE THE NO PARKING
RESTRICTION ON THE SOUTH SIDE OF ALDER
ROAD FROM THE INTERSECTION OF COMMERCE
BLVD. WEST APPROXIMATELY 300 FEET
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July 13, 1993
The vote was unanimously in favor. Motion carried·
1.3 PUBLIC HEARING: CASE NO. 93-023: PRELIMINARY PLAT F O R
BALBOA ADDITION, DAKOTA P.~IL, INC. NORTH OF EXISTING BALBOA
BUILDING EAST OF FAIRVIEWLANEANDSOUTH OF LYNWOOD BLVD. PID
~13-117-24 34 0068 & 0077 A-ND 13-117-24 43 0144
The City Planner explained the case. The staff recommendation was
approval subject to the following conditions:
Payment of park dedication fees shall be required in
accordance with Section 330:120 of the Mound Code of
Ordinances.
Newly created Parcels 1 and 2 shall be combined for tax
purposes, with existing parcel 76.
The Owner-Applicant shall provide the City with title
insurance for all easements and rights-of-way that are to
be dedicated to the City of Mound.
He stated that the Council can approve the preliminary plat with
these conditions and have the Park Dedication Fee clarified before
the final plat is approved.
The Mayor opened the public hearing.
Joanne Matzen, Attorney representing Welsh Companies, stated they
agree with the conditions except for the park dedication fee
requirement. She stated that this is not a typical platting.
There will not be further development and it does not cause
additional burdens on the community. She requested that the
Council delete the Park Dedication requirement in this platting.
The City Attorney stated that Park Dedication fees are required of
every new plat. He stated that he has discussed this with Ms.
Matzen and because they are paying an inflated amount for the
property the park dedication fee could be less than $22,000.00.
The City Attorney suggested that the Council can approve the
preliminary plat this evening and he and the Staff will continue to
negotiate on the park dedication fee before final plat approval on
August 10.
Ms. Matzen stated that timing is very important because the closing
on the property is set for August 16 and the property is in
receivership and any extra costs need to be approved by the court
prior to closing.
The Mayor closed the public hearing.
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July 13, 1993
The Council indicated they would like the City Attorney to continue
to negotiate with Ms. Matzen and Mr. Hart about the Park Dedication
Fee and bring it to their Committee of the Whole Meeting next
Tuesday for discussion. This could then be acted upon on the next
City Council Meeting, July 27.
Johnson moved and Jessen seconded the following resolution:
RESOLUTION %93-90
RESOLUTION TO APPROVE A PRELIMINARY PLAT
FOR "BALBOA ADDITION" INVOLVING LANDS
OWNED BY DAKOTA RAIL, INC. LOCATED NORTH
OF THE BALBOA BUILDING AT 5300 SHORELINE
DRIVE
Councilmember Jensen asked that #la. in the proposed
resolution be changed to read as follows: "Park dedication
fees shall be required in accordance with Section 330:120 of
the Mound Code of Ordinances." The Council agreed.
The vote was unanimously in favor. Motion carried.
1.4
CASE NO. 93-028: REQUEST FOR VARIANCE FOR A DECK, PAMELA
KORING, 1701 AVOCET LANE, LOTS 1, 2, 3 BLOCK 8, DREAMWOOD, PID
~13-117-24 21 0021
The Building Official explained the request. The Planning
Commission recommended approval. Ms. Koring was present and agreed
with the proposed resolution.
Jessen moved and Ahrens seconded the following resolution:
RESOLUTION %93-91
RESOLUTION TO APPROVE A VARIANCE TO
RECOGNIZE AN EXISTING NONCONFORMING
PRINCIPAL STRUCTURE SETBACK TO ALLOW
CONSTRUCTION OF A CONFORMING DECK AT 1701
AVOCET LANE, PART OF LOTS 1, 2 AND 3,
BLOCK 8, DREAMWOOD, PID %13-117-24 21
0021, P & Z CASE %93-028
The vote was unanimously in favor. Motion carried.
1.5
CASE NO. 93-029: REQUEST FOR FENCE VARIANCE, DR. DONALD
SWEEN, 2028 ARBOR LANE, LOT 6, SUBD. OF LOTS i & 32, S & c
RAVENSWOODt PID ~13-117-24 41 0035
The Building Official explained the request. The
Commission recommended approval on a 7-1 vote. Ms.
present and agreed with the proposed resolution.
Planning
Sween was
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July 13, 1993
Jensen moved and Ahrens seconded the following resolution:
RESOLUTION %93-92
RESOLUTION TO APPROVE A FENCE HEIGHT
VARIANCE FOR 2028 ~U%~OR LANE, lOT 6,
SUBDIVISION OF LOTS 1 AND 32, SKARP &
LINDQUIST'SRAVENSWOOD, PID %13-117-24 41
0035; P & Z CASE %93-029
The vote was unanimously in favor. Motion carried.
1.6
CASE NO. 93-035 REQUEST FOR VARIANCE FOR A GARAGE, MARVIN
NELSON, 2025 SHOREWOOD LANE, lOTS 5 & 6, BLOCK 8, 8HADYWOOD
POINT. PID #13-117-23 32 0012
The Building Official explained the request.
Commission recommended approval.
The Planning
Jensen moved and Jessen seconded the following resolution:
RESOLUTION %93-93
RESOLUTION TO APPROVE A VARIANCE
RECOGNIZING AN EXISTING NONCONFORMING
FRONT YARD SETBACK TO ALLOW CONSTRUCTION
OF A CONFORMING DETACHED GARAGE AT 2025
SHOREWOOD LANE, LOTS 5 & 6, BLOCK 8,
SHAD%WOOD POINT; PID %18-117-23 32 0012;
P & Z CASE %93-035
Councilmember Jensen asked that the following be added to the
proposed resolution: "7. Removal of existing shed." The
Council agreed and so did the applicant.
The vote was unanimously in favor. Motion carried.
COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT
There were none.
1.7
APPROVAL OF A RESOLUTION CALLING FOR REDEMPTION OF OUTSTANDING
BONDS OF THE $3,100,000 GENERAL OBLIGATION IMPROVEMENT BONDS
OF 1979 ISSUE
The City Manager advised that there is currently sufficient money
in the General Obligation Improvement Bond Fund of 1979 to pay the
balance due on these bonds.
Ahrens moved and Johnson seconded the following resolution:
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RESOLUTION %93-94
July 13, 1993
RESOLUTION CALLING FOR REDEMPTION OF
OUTSTANDING BONDS OF THE $3,100,000
GENEP, AL OBLIGATION IMPROVEMENT BONDS OF
1979 ISSUE
The vote was unanimously in favor. Motion carried.
1.8 APPROVAL OF A RESOLUTION CALLING FOR REDEMPTION OF OUTSTANDING
BONDS OF THE $300,000 GENERAL OBLIGATION IMPROVeMeNT BONDS OF
1982 ISSUE
The City Manager advised that there is currently sufficient money
in the General Obligation Improvement Bond Fund of 1982 to pay the
balance due on these bonds.
Jensen moved and Ahrens seconded the following resolution:
RESOLUTION %93-95
RESOLUTION CALLING FOR REDEMPTION OF
OUTSTANDING BONDS OF THE $300,000 GENERAL
OBLIGATION IMPROVEMENT BONDS OF 1982
ISSUE
The vote was unanimously in favor. Motion carried.
1.9
SET PUBLIC HEARING TO CONSIDER A FINAL PLAT REQUEST FOR THE
PROPOSED "BALBOA ADDITION" BY DAKOTA RAIL, INC., INVOLVING
LANDS NORTH OF THE BALBOA BUILDING AT 5300 SHORELINE DRIVE,
AUGUST 10, 1993, 7:30 PM
MOTION made by Ahrens, seconded by Jessen to set August 10,
1993, for a public hearing to consider a final plat request
for the proposed "Balboa Addition,, by Dakota Rail, Inc.,
involving lands north of the Balboa Building at 5300 Shoreline
Drive. The vote was unanimously in favor. Motion carried.
1.10 RESOLUTION APPROVING MEMORANDUM OF AGREEMENT FOR ~TROPOLITAN
COUNCIL TO PROVIDE TECHNICAL ASSISTANCE IN PROGRAM
REVIEW/ANALYSIS TO LAKE MINNETONKA AREA CITIER
The Mayor explained that this is a way for the lake communities to
study ways to cooperatively deliver services. Councilmember Jensen
stated this agreement will allow the Met Council staff to gather
data and crunch numbers. The Council will be updated as the study
continues.
Jensen moved and Jessen seconded the following resolution:
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July 13, 1993
RESOLUTION #93-96
RESOLUTION APPROVING THE MEMORANDUM OF
AGREEMENT FOR METROPOLITAN COUNCIL TO
PROVIDE TECHNICAL ASSISTANCE AND PROGI~a_M
REVIEW/ANALYSIS TO LAKE MINNETONK~ AItEA
CITIES
The vote was unanimously in favor. Motion carried.
1.11 APPROVAL OF PUBLIC DANCE PERMIT ~ TEMPORARY ON-SALE
NONINTOXICATING MALT LIOUOR PERMIT FOR INCREDIBLE FESTIVAL,
OUR LADY OF THE LAKE CHURCH
MOTION made by Ahrens, seconded by Jensen to approve a Public
Dance Permit and a Temporary On-Sale Nonintoxicating Malt
Liquor Permit for the Incredible festlval, Our Lady of the
Lake Church. The vote was unanimously in favor. Motion
carried.
1.12 1992 LIFT STATION IMPROVEMENTS - REQUEST FOR FINAL PAYMENT IN
THE AMOUNT OF $3,861.51
MOTION made by Jensen, seconded by Ahrens to approve Payment
Request #5 from Gridor Construction, Inc., for the 1992 Lift
Station Improvement Project in the amount of $$,S61.51. The
vote was unanimously in favor. Motion carried.
1.17 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
$329,202.59, when funds are available. A roll call vote was
unanimously in favor. Motion carried.
INFORMATION/MISCELLANEOUS
A. DEPARTMENT HEAD MONTHLY REPORTS FOR JUNE 1993.
B. LMCD REPRESENTATIVE'S MONTHLY REPORT FOR JUNE, 1993.
C. LMCD MAILINGS.
D. LETTER FROM TRIAX CABLEVISION RE: JUNE
STATEMENTS.
SUBSCRIBER
E®
LETTER FROM ASSOCIATION OF METROPOLITAN MUNICIPALITIES (AMM)
RE: SUMMER OUTREACH BREAKFAST SCHEDULED FOR WEDNESDAY, JULY
14, 1993, AT 7:30 AM, MINNETONKA RADISSON HOTEL,
(RIDGEDALE). PLEASE LET ME KNOW ASAP IF YOU WISH TO
ATTEND.
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July 13, 1993
F. LETTER FROM LOCAL RESIDENT RE: MOUND CITY DAYS.
Ge
PRELIMINARY POPULATION AND HOUSEHOLD CHANGES AS OF 4-1-92, AS
PREPARED BY METROPOLITAN COUNCIL.
H. LMCD ADOPTED BUDGET FOR 1994.
THE SCHEDULE FOR THE WEST HENNEPIN HUMAN SERVICES PLANNING
BOARD FOR THE REMAINDER OF THE YEAR:
MEETING DATE
MAYOR/CITY COUNCIL
NO AUGUST MEETING
SEPTEMBER 7
OCTOBER 5
NOVEMBER 2
DECEMBER 7
LIZ
ANDREA
PHYLLIS
KEN
J. REMINDER: C.O.W., TUESDAY, JULY 20, 1993, 7:30 PM.
K. PLANNING COMMISSION MINUTES OF 6-28-93.
1.2 RECONSIDER REQUEST TO REMOVE NO PARKING RESTRICTIONS ON T~
SOUTH SIDE OF ALDER ROAD, FROM THE INTERSECTION OF COMMERC~
BLVD. WEST APPROXIMATELY 300 FEET, MOUND EVANGELICAL FRE~
CHURCH
The Building Official explained that he has spoken with the Fire
Marshal and he advises that a certain number of feet on the South
side of Alder Road needs to remain no parking because the Fire
Department would need to hook into the fire system on that side of
the Pond Arena if there were a fire.
MOTION made by Jensen, seconded by Johnson to reconsider Item
%1.2, Resolution %93-89, because new information has been
received. The vote was unanimously in favor. Motion carried.
The Council discussed the situation and Duane Norberg agreed that
an area to accomodate the Fire Department equipment should remain.
The Building Official will contact the Fire Department and find out
how many feet from the corner of Commerce Blvd. and Alder Road that
will be required to stay no parking.
Jensen moved and Johnson seconded the following resolution:
RESOLUTION #93-89
RESOLUTION TO REMOVE THE NO PARKING
RESTRICTION ON A CERTAIN SECTION OF THE
SOUTH SIDE OF ALDER ROAD
The vote was unanimously in favor. Motion carried.
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July 13, 1993
Councilmember Smith arrived at 8:35 P.M.
EXECUTIVE SESSION
The City Attorney asked that he be allowed to present the Summons
and Complaint to the Council and visit with them to get direction
in Executive Session. He further related that the allegations made
in the complaint, essentially relate to a sign which is in front of
the House of Moy and it is the contention of the plaintiff that the
City, which has not taken action to get rid of the sign at this
point, is violating their freedom of speech and First Amendment
rights. The Attorney stated that it is unfortunate that the
materials that appeared both in the newspaper and on TV tonight
emphasize the crosswalk when the litigation basically relates to
the two signs that are in front of the House of Moy. Mr. Pearson
stated that he has spoken to Mr. Tanick, the attorney for the House
of Moy, and with direction from the Council, Mr. Pearson is hopeful
that they can work out a relatively quick settlement as it relates
to this matter.
The City Attorney also stated he needs to speak to the Council
about another litigation which relates to the Bluebird Lane
situation.
The Council adjourned into Executive Session at 8:45 P.M.
The Council resumed after Executive session at 9:25 P.M.
The City Attorney stated he has reported to the Council of the two
lawsuits. The first relates to the lawsuit that was served today
by the House of Moy vs. City of Mound and after discussion the
following action will be taken.
MOTION made by &hrens moved, seconded by Jensen directing the
City Attorney to negotiate with the plaintiff and their
attorney and indicating that the City of Mound has no
intention of depriving anyone of their First Amendment rights
and that we shall try to resolve this lawsuit in a equitable
fashion as quickly as possible with a minimum amount of
expense to both the Plaintiff and the City. The vote was
unanimously in favor. Motion carried.
The City Attorney reported that the second item that was discussed
related to a threatened lawsuit by 5 residents on Bluebird Lane
against the City of Mound. He reported that Mr. Shukle, and Mr.
Fackler and Mr. Pearson have been working on this for some extended
period of time. They have visited the site and have reported back
to the Council with various findings. The Plaintiffs have demanded
7 different remedies, of those we have previously indicated that we
don't think 5 of them are negotiable. There were 2 items that were
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July 13, 1993
left open, one related to marking the Commons and the other related
to the number of dock sites.
MOTION made by Smith, seconded by Jessen directing the City
Attorney to respond to Mr. Maynard indicating that the City
will put forward some minimal suggestions relatlng to the
demands, but in essence it is the consensus of the Council
that the dock sites are very important to the people in the
subdivision and there is not desire to make any change.
Councilmember Ahrens stated that she has always said that
there is room for some more movement so she cannot vote for
the motion as it was made.
The vote was 4 in favor with Ahrens voting nay.
carried.
Motion
COUNCIL SALARIES
The Mayor stated that he asked the City Manager to review what
Council salaries have been over the years. He reported that in
1966 the Mayor got $30.00/month and the Council got $10.00/month;
in 1969 the Mayor got $75.00/month and the Council got
$50.00/month; and in 1978 the Mayor got $150.00/month and the
Council $100.00/month. The 1978 salary is still in place. This
was food for thought. No action was taken.
MOTION made by Jessen, seconded by Ahrens to adjourn at 9:45
P.M. The vote was unanimously in favor. Motion carried.
Attest: City Clerk
203
BILLS
July 13, 1993
BATCH 3063
$131,395.79
BATCH 3064
TOTAL
197,806.80
$329,202.59