1993-12-14December 14, 1993
MINUTES - MOUND CITY COUNCIL - DECEMBER 14, 1993
The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday,
December 14, 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 Smith 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: Michael Koch, Alan Held, Lyn
Hexum, Steve Homola, Steve Sunnarborg, Diane Maloney, Deb Kullberg, Jeremiah Frolund,
Jeff Frolund, Mark Stone and Mark Annand.
The Mayor opened the meeting and welcomed the people in attendance.
The Pledge of Allegiance was recited.
The Mayor announced the Jeff Martin, 1578 Eagle Lane is the latest winner in the recyclotto
drawing on December 13, 1993. He will receive $250 Westonka Dollars.
1.0 MINUTES
MOTION made by Jensen, seconded by Jessen to approve the Minutes of the
November 23, 1993, Regular Meeting, as submitted. The vote was unanimously in
favor. Motion carried.
1.1 PUBLIC HEARING: CASE #93-057: CONSIDERATION OF THE ISSUANCE OF
CONDITIONAL USE PERMIT TO ALLOW A "COMMERCIAL PARKING LOT
NOT AFFILIATED WITH THE PRINCIPAL USE)" IN THE B-2 ZONING
DISTRICT AT 4451 WILSHIRE BLVD. (OLD DONNIE'S).
The Building Official explained the request and that the Planning Commission recommended
approval with the following conditions:
The City does hereby grant a Conditional Use Permit for a "Commercial Parking Lot
(not affiliated with the principal use)" at 4451 Wilshire Blvd., upon the following:
Parking be limited to automobiles, passenger vehicles and trucks
not more than a one ton capacity. Specifically, no boat, boat
trailer, or motorcycle parking is allowed.
B. All vehicles must be currently licensed and in operable condition.
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December 14, 1993
All other non-related activities shall be prohibited. Specifically,
the premises shall not be used for the repair or maintenance of
such vehicles. No activity commonly referred to tailgating shall
be permitted, nor shall there be any unnecessary noise after the
hour of 9:00 p.m.
If it is determined that a public nuisance exists, the City may
terminate this Conditional Use Permit upon written notice.
City Council may at any time during the term of the Conditional
Use Permit determine that a landscape plan must be submitted and
installed to create a buffer between this and the adjacent residential
zones.
Annual review of the Conditional Use Permit be required by the
City Council at a Public Hearing.
The Mayor opened the public hearing. The following persons spoke in favor of the Conditional
Use Permit:
Michael Koch, Garsten Management and Alan Held, Turnquist Properties.
The Mayor closed the public heating.
After discussion the Council added several items to the conditions as follows:
Ao
Parking be limited to automobiles, passenger vehicles and trucks not more than
a one ton capacity. Specifically, no motor homes, no boat, boat trailer, or
motorcycle parking is allowed.
The City Manager and the applicant shall designate on the Master Plan (Exhibit
A attached) the area vehicles may be parked.
Lakewinds Sports & Yacht Association shall be responsible for monitoring the
property to comply with this Conditional Use Permit and shall establish
restrictions and regulations which will allow the association to have violator's
vehicles towed from the premises.
Mr. Koch agreed with the added conditions.
Jensen moved and Ahrens seconded the following resolution:
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December 14, 1993
RESOLUTION//93-155
RF~OLUTION TO APPROVE A CONDITIONAL USE
PERMIT FOR A "COMMERCIAL PARKING LOT
(NOT AFFILIATED WITH THE PRINCIPAL USE)"
AT 4451 WILSHIRE BLVD. (OLD DONNIE'S) LOTS
3 TO 18 INCLUDING VACATED ROAD, BLOCK 8,
AVALON, PID//19-117-23 31 0021, P & Z CASE//93-
057
The vote was unanimously in favor. Motion carried.
1.2
CASE g93-053: STEVE SUNNARBORG, 4924 EDGEWATER DRIVE, LOT 15,
SKARP & LINDQUIST'S RAVENSWOOD, PID//13-117-24 41 0013. VARIANCE
FOR ADDITION.
The Building Official explained the request. He stated that the Planning Commission was quite
pleased with the revised plan submitted by the applicant. The request is now in a conforming
location and does represent a substantial improvement of the property. The Planning
Commission recommended approval. The Council complimented the applicant on his revised
plan.
Jensen moved and Jessen seconded the following resolution:
RESOLUTION g93-156
RESOLUTION TO APPROVE A VARIANCE TO
RECOGNIZE EXISTING NONCONFORMING
SETBACKS TO ALLOW CONSTRUCTION OF A
CONFORMING ADDITION AT 4924 EDGEWATER
DRIVE, LOT 15, SKARP & LINDQUIST'S
RAVENSWOOD, PID//13-117-24 41 0013, P & Z CASE
//93-053
The vote was unanimously in favor. Motion carried.
1.3
CASE//93-060: STEVE HOMOLA, 2420 WESTEDGE BLVD., SECTION 23, PID
//23-117-24 22 0005, VARIANCE FOR GARAGE ADDITION.
The Building Official explained the request. The Planning Commission recommended approval.
Jensen moved and Ahrens seconded the following resolution:
RESOLUTION//93-157
RESOLUTION TO APPROVE A VARIANCE TO
RECOGNIZE EXISTING NONCONFORMING
STREET FRONTAGE TO ALLOW CONSTRUCTION
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December 14, 1993
OF A CONFORMING GARAGE ADDITION AT 2420
WESTEDGE BLVD., THAT PART OF
GOVER1NMENT LOT 4, SECTION 23, TOWNSHIP
117, RANGE 24, PID//23-117-24 22 0005, P & Z CASE
#93-060
The vote was unanimously in favor. Motion carried.
1.4 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT.
The Mayor asked that Section 350:760, Subd. 4, for the City Code relating to "Truck Parking
in Residential Areas", be reviewed to see if it is too restrictive. He stated it reads as follows:
"No motor vehicle over one (1) ton capacity bearing a commercial license and no commercially
licensed trailer shall be parked or stored in a platted residential district or a public street except
when loading, unloading, or rendering a service. Recreation vehicles and pickups are not
restricted by the terms of this provision." The Council discussed the item briefly.
MOTION made by Johnson, seconded by Jensen to refer this matter to the City
Manager and the Planning Staff to study Section 350:760, Subd. 4, and review what
other communities are doing in this area. This could come back to the Council for
further review at the Committee of the Whole Meeting, January 18, 1994. The vote
was unanimously in favor. Motion carried.
The City Attorney reminded the Council that if this section were to be changed it would require
Planning Commission input and a public hearing before action. Also it would require 4/5 vote
of the City Council to be adopted.
1.5 APPROVAL OF AN ORDINANCE AMENDING SECTIONS 437:00, SUBD. 5~
437:10, SUBD. 1, c.i 437:10, SUBD. 111 AND 437:151 RELATING TO DOCK
LICENSES.
The City Manager explained that this back from the last meeting for the Council approval in
ordinance form.
Jessen moved and Jensen seconded the following:
ORDINANCE #66-1993
AN ORDINANCE AMENDING SECTIONS 437:00,
SUBD. 5; 437:10, SUBD. 1.c; 437:10, SUBD. 11; AND
437:15; RELATING TO DOCK LICENSES
The vote was unanimously in favor. Motion carried.
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December 14, 1993
1.6 REOUEST FOR CONSTRUCTION ON PUBLIC LANDS PERMIT, LYN HEXUM,
1549 BLUEBIRD LANE, FOR STAIRWAY ON WAURIKA COMMONS, DOCK
SITE//01560.
The Building Official explained the request. The Park Commission recommended approval.
Ahrens moved and Jessen seconded the following resolution:
RESOLUTION//93-158 RESOLUTION TO APPROVE A CONSTRUCTION
ON PUBLIC LANDS PERMIT TO REPLACE A
STAIRWAY ON WAURIKA COMMON, DOCK SITE
//01560, ABUTTING 1543 BLUEBIRD LANE IN PART
OF LOTS 1, 2, & 32, BLOCK 6, WOODLAND POINT
The vote was unanimously in favor. Motion carried.
1.7 RESQLI,ITION APPROVING A PREMISES PERMIT APPLICATION FOR VFW
POST #SLID, 2544 COMMERCE BLVD, FOR LAWFUL GAMBLING.
The City Clerk explained the request.
Jessen moved and Jensen seconded the following resolution:
RESOLUTION//93-159 RESOLUTION APPROVING A PREMISES PERMIT
APPLICATION FOR VFW POST //5113, 2544
COMMERCE BLVD.
The vote was unanimously in favor. Motion carried.
1.8 RESOLUTION DESIGNATING THE CITY OF MOUND AS THE LOCAL
GOVERNMENT UNIT (LGU) REGULATING THE WETLAND CONSERVATION
ACT OF 1991.
The City Manager explained that this resolution came from the City Engineer. The City
Attorney suggested that the Council consider appointing the Minnehaha Creek Watershed District
as the LGU. The Council discussed this and decided they would appoint themselves the LGU
for the time being. That decision can be changed in the future if need be.
Johnson moved and Jensen seconded the following resolution:
RESOLUTION g93-160
RESOLUTION DESIGNATING THE CITY OF
MOUND AS THE LOCAL GOVERNMENT UNIT
423
The vote was unanimously in favor.
1.9
December 14, 1993
(LGU) REGULATING THE WETLAND
CONSERVATION ACT OF 1991
Motion carried.
APPLICATION FOR LIVE MUSIC CONCERT PERMIT AT MOUND BAY PARK
DEPOT FOR 1994 FOR THOMAS P. JOHNSTON ON BEHALF OF MOUND
ASSEMBLY OF GOD CHURCH (REQUEST INCLUDES WAIVING OF FEE)
The City Clerk explained that this request is for January - April 1994. At this point there are
two dates (January 9 and April 3) that the Depot will not be available because it has already
been rented. Deb Kullberg, one of the applicants, stated that if there were future conflicts where
someone wanted to rent the Depot, her group would find other accommodations. She also
requested that the fee be waived.
MOTION made by Jessen, seconded by Ahrens to approve a Live Music Concert
License to the Mound Free Church/Mound Assembly of God Church for one year
beginning January 1, 1994, to be used at the Depot in Mound Bay Park on Sunday
evenings, on a space available basis. All fees are to be waived for the license and
use of the Depot. The applicant is to work with the License Department on the use
of the Depot. The License Department is to give the group as much notice as
possible if there is a conflict in the use of the Depot. The vote was unanimously in
favor. Motion carried.
1.10 SET PUBLIC HEARING: TO CONSIDER THE VACATION OF A DRAINAGE
EASEMENT LOCATED AT 2563 LOST LAKE ROAD, LOT 18, BLOCK 1, LOST
LAKE ADDITION
MOTION made by Ahrens, seconded by Jensen to set a public hearing date of
January 11, 1994, to consider the vacation of a drainage easement located at 2563
Lost Lake Road, Lot 18, Block 1, Lost Lake Addition. The vote was unanimously
in favor. Motion carried.
1.11 SET BID OPENING DATE FOR WATER METER READER EQUIPMENT
The City Manager explained that this is another phase of the sewer and water improvement
bonds that were sold this year. This will allow the Water Department to purchase a system to
read water meters remotely.
MOTION made by Jessen, seconded by Johnson to set a bid opening date of January
5, 1994, at 11:00 A.M. for water meter reading equipment. The vote was
unanimously in favor. Motion carried.
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December 14, 1993
1.12 1994 BUDGET AND LEVY RESOLUTION
The City Manager explained that the Truth in Taxation Public Hearing was held last Thursday,
December 9, 1993, and now the resolution needs to be approved.
Jensen moved and Ahrens seconded the following resolution:
RF~OLUTION//93-161
RESOLUTION APPROVING THE 1994 FINAL
GENERAL FUND BUDGET IN THE AMOUNT OF
$2,366,950; SETTING THE FINAL LEVY AT
$1,783,620; LESS THE HOMESTEAD
AGRICULTURAL CREDIT (HACA) OF $494,800,
RESULTING IN A FINAL CERTIFIED LEVY OF
$1,288,820 AND APPROVING THE FINAL OVERALL
BUDGET FOR 1994
The vote was unanimously in favor. Motion carried.
1.13 WATER & SEWER RATE INCREASE
The City Manager explained that when the bonds were sold for the water and sewer
improvements, a 5 % increase in water and sewer rates was proposed to help pay back the bonds.
This increase was reflected in the proposed 1994 Budget that was just approved. The City Code
now needs to be amended to reflect the increase as of January 1, 1994.
Johnson moved and Jessen seconded the following:
ORDINANCE//67-1993
ORDINANCE AMENDING SECTION 540:00, SUBD.
3 OF THE CITY CODE RELATING TO SEWER
RATES; AND AMENDING SECTION 540:00, SUBD.
13, a. & b. OF THE CITY CODE RELATING TO
WATER RATES
The vote was unanimously in favor. Motion carded.
1.14 RESOLUTION TO TERMINATE THE 401 QUALIFIED PLAN ADMINISTERED
BY THE INTERNATIONAL CITY COUNTY MANAGEMENT ASSOCIATION
(ICMA) RETIREMENT CORPORATION
The City Manager explained that when he began as city manager on January 1, 1986, he came
to the City with retirement plans through the International City County Management Association
(ICMA) Retirement Corporation. Basically, the city council through Resolutions #85-159, #85-
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December 14, 1993
160 and #85-161 provided the opportunity for him to no longer be a member of the Public
Employees Retirement Association (PERA); to establish a deferred compensation program for
not only himself, but for all employees wishing to participate through their own contributions;
and establishing a money purchase retirement plan or a 401 Qualified plan which provided the
opportunity for the City of Mound to contribute to a pension plan in lieu of the PERA program.
Since that time, the City of Mound has contributed to the 401 Qualified Plan and he has
contributed to the 457 or Deferred Compensation Plan.
Recently, the City Manager was advised by the ICMA Retirement Corporation that because of
changes they are making in administering the 401 Qualified Plan, they are establishing an
administration fee of $500 which will now be charged to the employer. He stated that this fee
cannot be waived. Thus, he has been investigating alternatives and it appears that it makes
economic sense for him to not continue to participate in the 401 Qualified Plan, but rather roll
over the monies that are in his account into an individual retirement account (IRA). This also
benefits the city, because the City of Mound would have been responsible for paying the $500
administration fee on an annual basis.
Effective January 1, 1994, the city's contributions that have been going into the 401 Qualified
plan will be shifted to the 457 Deferred Compensation program of the ICMA Retirement
Corporation. He has been contributing to the 457 while the City has been contributing to the
401. With the changes he has described, the City will be making its contribution to the 457 plan
and will be paying FICA or Social Security tax on the contribution. However, the FICA tax is
considerably less than what the administration fee is if he were to continue in the 401 Qualified
plan.
Johnson moved and Jensen seconded the following resolution:
RESOLUTION//93-162
RESOLUTION TO TERMINATE THE 401
QUALIFIED PLAN ADMINISTERED BY THE
INTERNATIONAL CITY COUNTY MANAGEMENT
ASSOCIATION (ICMA) RETIREMENT
CORPORATION
The vote was unanimously in favor. Motion carried.
1.15 PAYMENT OF BILLS
MOTION made by Jensen, seconded by Johnson to authorize the payment of bills
as presented on the pre-list in the amount of $257,892.44, when funds are available.
A roll call vote was unanimously in favor. Motion carried.
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December 14, 1993
INFORMATION/MISCELLANEOUS
A. Department Head Monthly Reports for November 1993.
B. LMCD Representative's Monthly Report for November 1993.
C. LMCD Mailings.
D. Planning Commission Minutes of November 22, 1993.
E. Letter from Representative, Tim Penny, RE: unfunded Mandates.
F. Notice from Hennepin County on a Public Hearing on an amended I-Iennepin County
Solid Waste Source Separation Ordinance (Ordinance #13). Public Hearing is scheduled
for December 14th at 11 A.M.
G. REMINDER: Annual Christmas Party, Friday, December 17, 1993, American Legion,
Mound.
~ER: City Offices will be closed the afternoon of December 23 and ail day
December 24 for the Christmas holiday. Offices will also be closed the afternoon of
December 31 and all day December 30 for the New Year's holiday.
REMINDER: No Committee of the Whole Meeting on December 21 and no Regular
Meeting on December 28, 1993.
Notice RE: National League of Cities (NLC) Annual Congressional City Conference
scheduled for March 12-15, 1994, Washington, D.C. If you are interested in attending,
please let Fran know.
Park & Open Space Commission Minutes of December 2, 1993.
MOTION made by Jensen, seconded by Jessen to adjourn at 9:15 P.M. The vote
was unanimously in favor. Motion carried.
Attest: City Clerk
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Edward J. Shukle, Jr., City Manager
BILLS
--December 14, 1993
BATCH 3113
BATCH 3114
TOTAL BILLS
$150,190.28
107,702.16
$257,892.44