1993-10-26October 26, 1993
MINUTES - MOUND CITY COUNCIL - OCTOBER 26, 1993
The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday,
October 26, 1993, in the Council Chambers at 5341 Maywood Road, in said City.
Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Liz Jensen, and
Ken Smith. Councilmember Phyllis Jessen was absent and excused. 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: Tom Casey, Mr. & Mrs. Matthew
Bartell, Eric & Heidi Lindberg, Scott Schmieg, Dan & Shirley Chen, David Thompson, and
Peter Meyer.
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
October 12, 1993, Regular Meeting and the Minutes of the October 19, 1993,
Committee of the Whole Meeting, as submitted. The vote was unanimously in favor.
Motion carried.
1.1 PUBLIC HEARING: CENTRAL BUSINESS DISTRICT (CBD) PARKING
ASSESSMENT
The Mayor opened the Public Hearing. There were no comments. The Mayor closed the Public
Hearing.
Ahrens moved and Smith seconded the following resolution:
RESOLUTION//93-137
RESOLUTION ADOPTING THE 1993 CBD PARKING
MAINTENANCE ASSESSMENT ROLL IN THE
AMOUNT OF $13,312.24 TO BE CERTIFIED TO THE
COUNTY AUDITOR AT 8% INTEREST, LEVY
//12929
The vote was unanimously in favor. Motion carried.
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October 26, 1993
1.Z PUBLIC HEARING: UNPAID MOWING ASSESSMENT
The Mayor opened the Public Heating. There were no comments. The Mayor closed the Public
Hearing.
Jensen moved and Ahrens seconded the following resolution:
RESOLUTION g93-138
RESOLUTION ADOPTING THE UNPAID MOWING
ASSESSMENT ROLL IN THE AMOUNT OF $50.00
TO BE CERTIFIED TO THE COUNTY AUDITOR AT
8% INTEREST, LEVY//12931
The vote was unanimously in favor. Motion carried.
1.3 PUBLIC HEARING: UNPAID SEWER & WATER ASSESSMENT
The Mayor opened the Public Hearing. There were no comments. The Mayor closed the Public
Heating.
Ahrens moved and Smith seconded the following resolution:
RESOLUTION//93-139
RESOLUTION ADOPTING DELINQUENT WATER &
SEWER ASSESSMENT ROLL IN THE AMOUNT OF
$37,743.27 TO BE CERTIFIED TO THE COUNTY
AUDITOR AT 8% INTEREST, LEVY 12930
The vote was unanimously in favor. Motion carded.
1.4 CASE//93-050:
SCOTT SCHMIEG, 1736 BLUEBIRD LANE, LOTS 13-16,
BLOCK 10, DREAMWOOD, PID #13-117-24 24 0013,
VARIANCE FOR ADDITION
The Building Official explained the request. The Planning Commission recommended approval.
Smith moved and Ahrens seconded the following resolution:
RESOLUTION//93-140
RESOLUTION TO APPROVE A FRONT YARD
SETBACK VARIANCE TO ALLOW CONSTRUCTION
OF AN ADDITION AT 1736 BLUEBIRD LANE, LOTS
13-16, BLOCK 10, DREAMWOOD, PID//13-117-24 24
0013, P & Z CASE//93-050
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October 26, 1993
The vote was unanimously in favor. Motion carried.
1.5 CASE g93-051:
DI & LYNN CHEN, 2127 CENTERVIEW LANE, LOTS 3 &
4, BLOCK 6, ABRAHAM LINCOLN ADDITION TO
LAKESIDE PARK & ADJ, WATERBANK COMMON, PID
//13-117-24 31 0032, VARIANCE FOR NEW DWELLING
The Building Official explained the request. The Planning Commission recommended approval.
Jensen moved and Ahrens seconded the following resolution:
RESOLUTION g93-141
RESOLUTION TO APPROVE A FRONT YARD
SETBACK VARIANCE TO ALLOW CONSTRUCTION
OF A NEW DWELLING AT 2127 CENTERVIEW
LANE, LOTS 3 & 4, BLOCK 6, ABRAHAM
LINCOLN ADDITION TO LAKESIDE PARK, AND
THAT PART OF THE LAND DESIGNATED ON SAID
PLAT AS WATER BANK COMMON, PID//13-117-24
31 0032, P & Z CASE g93-051
The vote was unanimously in favor. Motion carried.
1.6 CASE g93-019:
DAVID THOMPSON, REPRESENTING VALERI KAUROV,
4822 GLASGOW ROAD, RLS//1571, TRACT A, PID//24-117-
24 44 0214, P & Z CASE//93-019
The Building Official explained that this was before the Planning Commission last evening and
Mr. Thompson has asked that it be brought to the Council tonight so that he can get his footings
in before the frost sets in. This variance is being asked for to allow the preservation of an oak
tree which would have to be removed if the variance is not granted.
The Council discussed the options. The neighboring property owners on the northwest and
southwest were present, one was in favor and one was not in favor of granting the variance.
The City Attorney advised that the Council could be opening themselves up to having to allow
variances on other properties because of trees. He stated that this is also not part of the criteria
to allow a variance.
Smith moved and Jensen seconded the following resolution:
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October 26, 1993
RESOLUTION//93-142
RESOLUTION TO APPROVE A 8'9" REAR YARD
SETBACK VARIANCE TO ALLOW CONSTRUCTION
OF A SINGLE FAMILY DWELLING AT 4822
GLASGOW ROAD, RLS//1571, TRACT A, PID//24-
117-24 44 0214, P & Z CASE//93-019
The vote was 2 in favor with Ahrens and Johnson voting nay. Motion fails.
COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT
There were none.
1.7 DISCUSSION: PROPOSED POLICY ON STAIRWAYS ON PUBLIC LANDS
The Building Official explained that the following is his recommendation for the Policy on
Stairways on Public Lands:
Policy for Structures on Public Lands
New Stairways. All new stairways shall be constructed according to the Uniform
Building Code standards for residential stairways.
Existing Stairways. All stairways existing upon the date of the adoption of this
Procedure Manual (4-27-93) and that are not deemed structurally unsafe or otherwise
unsafe by the Building Official are considered legal nonconforming uses. Legal
nonconforming uses may have their use continued according to the permit procedures,
provided such continued use is not dangerous to life.
Alterations or Repairs to Existing Stairways. Alterations or repairs may be made to any
stairway without requiring the whole stairway to comply with the building code, provided
the alteration or repair conforms to that required for a new stairway.
Maintenance of Stairways and Other Structures. All stairways, both existing and new,
and all parts thereof, shall be maintained in a safe condition. The person to which the
permit is issued is responsible for all maintenance. Minor maintenance of any currently
permitted stairway, dock storage platform, or retaining wall can be done without a
permit, but must have prior approval of the Building Official. The Building Official shall
inspect and approve such repairs.
Correction Orders. All stairways or parts thereof that are determined to be unsafe by
the Building Official shall be issued a correction order to be abated by repair or removal.
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October 26, 1993
The Council agreed.
Ahrens moved and Smith seconded the following resolution:
RESOLUTION//93-142
RESOLUTION TO ADOPT THE POLICY ON
STAIRWAYS ON PUBLIC LANDS AS SUBMITTED
The vote was unanimously in favor. Motion carded.
1.8
DISCUSSION: ADDENDUM NO, 3 TO PRELIMINARY ENGINEERING
REPORT - WATER SYSTEM IMPROVEMENTS
The City Manager reported that the preliminary engineering report for water treatment has been
updated and was presented to the City Council at their Committee of the Whole Meeting last
week.
The Mayor explained that the Council has discussed the report and decided not to go forward
at this time because of the costs to residents. He stated the Council will look at this again in
a few years.
Eric Lindberg, Sherwood Drive resident, presented a fact sheet to the Council from the EPA
regarding drinking water standards.
The Council assured Mr. Lindberg that they and the Staff will stay up-to-date on drinking water
standards and the latest information from the EPA on requirements for the City of Mound.
No action was taken on this item.
1.9
RECOMMENDATIONS FROM PARKS & OPEN SPACE COMMISSION RE;
COMMISSION APPOINTMENTS TO FILL UNEXPIRED TERMS
The City Manager explained that there are currently 3 openings on the 9 member Park & Open
Space Commission (Steve Kirschbaum - term expires 12/31/93), (Brian Asleson - term expires
12/31/94), and (Mo Mueller - term expires 12/31/94). The Commission held interviews made
their recommendations, ranking them in order of choice, as follows:
1. Janis Geffre
2. Mary Goode
3. David Steinbring
4. Peter Meyer
5. Charles Champine
6. John Edewaard
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October 26, 1993
The Council discussed the selections and the length of time people have been residents of
Mound.
Smith moved that the Council concur with the Park & Open Space Commission recommendation
and appoint Janis Geffre, Mary Goode and David Steinbring. The motion dies for lack of a
second.
Johnson moved and Jensen seconded the following resolution:
RESOLUTION g93-143
RESOLUTION APPOINTING JANIS GEFFRE TO AN
INTERIM 2 MONTH TERM UNTIL 12/31/93 AND
THEN TO A 3 YEAR TERM ENDING 12/31/96;
DAVID STEINBRING TO FILL THE UNEXPIRED
TERM BRIAN ASLESON (TERM EXPIRING
12/31/94); AND PETER MEYER TO FILL THE
UNEXPIRED TERM OF MO MUELLER (TERM
ENDING 12/31/94
The vote was unanimously in favor. Motion carried.
1.10 RECOMMENDATIONS FROM PARKS & OPEN SPACE COMMISSION RE:
NATURE CONSERVATION AREAS (NCA'S)
The City Manager explained that the Park & Open Space Commission is recommending 7 sites
for the Council to consider as Nature Conservation Areas. On August 10, 1993, the City
Council requested the Park and Open Space Commission to recommend 6 to 8 properties as
possible NCA's for the Council to review and designation of 3 to 4. The Commission
recommended the following properties:
PID 24-117-24 44 0196: Located between Churchill and Dundee in Arden. This
property is 16,400 square feet and has retained as a park, however, has not been named
or developed.
PID 23-117-24 31 0077: North of Bartlett, end of Rusticwood (Rustic Place). This
parcel is adjacent to the School District property already preserved as a nature study
area. This parcel is a relatively undisturbed remnant of "Big Woods" habitat. Classified
as a Park.
PID 23-117-24 22 0003:
woodlands, and wetlands.
a Park.
Westedge Blvd. (old sewer plant), a nice mixture of prairie,
This parcel is adjacent to other natural areas. Classified as
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October 26, 1993
PID 19-117-23 33 0216: The north half of Doone Park at Doone and Tuxedo. This is
a wooded area which the Commission would like to see developed with a walking path
and perhaps a wild flower garden. This area is adjacent to an undeveloped grassy open
space with no play structures.
PID 13-117-24 11 0064: An undersized 8,125 square foot parcel located in the R-1 zone
at the corner of Enchanted and Heron in SHADYWOOD Point. For sale to adjoining
property owners only.
PID 14-117-24 31 0013 & 0014: Diamond Lane, across the street from Philbrook Park
and retained for drainage purposes.
PID 14-117-24 44 0057: Located west of Commerce Blvd. (behind Netka's building)
and south of Dakota Railroad abutting Langdon Lake. This area could be useful for a
future trail system.
The Council thanked the POSC for all their work on this project. They decided they would like
to look at each of the parcels in the Spring and then take action on the NCA's.
There was concern about Parcel #5 being sold to an adjoining property owner before action can
be taken.
Johnson moved and Jensen seconded the following resolution:
RESOLUTION//93-144
RESOLUTION REQUESTING CONVEYANCE OF
THE FOLLOWING TAX FORFEIT LAND - PID//13-
11%24 11 0064, LOT 1, BLOCK 20, SHADYWOOD
POINT, FOR CONSERVATION PURPOSES
The vote was unanimously in favor. Motion carded.
1.11 RESOLUTION REGARDING GRANT APPLICATIONS TO BOARD OF
GOVERNMENT INNOVATION AND COOPERATION
The City Manager presented a proposed resolution supporting in concept the submission of three
separate grant applications to the State Board of Government Innovation and Cooperation to
assist in financing planning service sharing projects as they relate to recreation service, public
safety and personnel management services under the lake area cities cooperation study. Each
city involved with the lake area study is adopting similar resolutions to accompany the grant
applications.
Ahrens moved and Smith seconded the following resolution:
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October 26, 1993
RESOLUTION//93-145
The vote was unanimously in favor.
1.12 PAYMENT OF BILLS
RESOLUTION REGARDING GRANT
APPLICATIONS TO BOARD OF GOVERNMENT
INNOVATION AND COOPERATION
Motion carried.
MOTION made by Smith, seconded by Jensen to authorize the payment of bills as
presented on the pre-list in the amount of $132,133.19, when funds are available.
A roll call vote was unanimously in favor. Motion carried.
ADD ON
1.13 LICENSES
The City Clerk reported that Headliners has applied for 3 additional Games of Skill licenses for
dart boards and one additional pool table license. The recommendation is for approval.
MOTION made by Jensen, seconded by Ahrens to authorize issuance of the
following additional licenses to Headliner's Bar & Grill: 3 Games of Skill and 1
Pool Table. The vote was unanimously in favor. Motion carried.
INFORMATION/MISCELLANEOUS
A. Financial report for September 1993 a prepared by Gino Businaro, Finance Director.
B. Planning Commission Minutes of October 11, 1993.
C. Parks & Open Space Commission Minutes of October 14, 1993.
D. Letter from a Minnetrista resident sent to the House of Moy.
E. Association of Metropolitan Municipalities (AMM) notice on Legislative Policy Adoption
Meeting scheduled for Thursday, November 4, 1993, at the Ramada Hotel and
Conference Center (McGuire's), Arden Hills. If you are interested in attending, please
let Fran know as soon as possible.
F. Memo from AMM on changes made to 1994 Legislative Policies and Priorities Packet
included in last Council packet.
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October 26, 1993
Hennepin County is holding a public hearing on October 26, 1993, regarding a proposed
Solid Waste Management Fee Ordinance and an ordinance on hauler licenses. The
County is considering reducing the tipping fee for 1994 from $90 per ton to $60 per ton.
This will definitely have an effect on the $1.75 per household reimbursement w e
currently receive for our residential recycling program and future fees that we charge in
order to operate our recycling program.
Letter from Mayor Rockvam, Spring Park, re: thank you and appreciation to the City of
Mound for preparing a proposal for police services to Spring Park.
Joyce Nelson, Recycling Coordinator, indicated that over 1200 persons utilized the
Cleanup Day on October 16. We collected over $5000 from users of the site. This is
less than what we collected last Spring. The number of users is also less, which makes
me think that we should offer the service once a year rather than twice and that Spring
might be better than Fall.
The Annual Christmas Party has been scheduled for Friday, December 17, 1993, at the
American Legion, Mound. Details on this later.
EXECUTIVE SESSION
The Council went into Executive Session to discuss pending litigation.
The Council returned from Executive Session at 10:05 P;M.
MUNSON BOATHOUSE LITIGATION
MOTION made by Smith, seconded by Jensen to authorize the City Attorney to
negotiate a settlement to resolve the Munson boathouse case at 4729 Island View
Drive, with the new owners of the property Mike Pride and Stephanie Coon. The
proposed settlement is that the City take down the boathouse at City expense. The
vote was unanimously in favor. Motion carried.
Attest: Cit3 C~rk - -
MOTION made by Jensen, seconded by Ahrens to adjourn at 10:10 P.M. The vote
was unanimously in favor. Motion carried.
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BILLS
October 26, 1993
BATCH 3102 $132,133.19
TOTAL BILLS $132,133.19