1994-01-25January 25, 1004
MINUTES - MOUND CITY COUNCIL - JANUARY 25, 1994
The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday,
January 25, 1994, 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 and Ken Smith. Also present were: City Manager Edward J. Shukle, Jr., City
Clerk Fran Clark, City Attorney Jim Larson, Building Official Jon Sutherland, and the following
interested citizens: Peter Meyer, Gary & Mary Fedo, Nancy Ketcher, Lance Coppin, Shelly
Gmndmeier and Lyn Hexum.
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 Jessen to approve the Minutes of the
January 11, 1994, Regular Meeting, as submitted. The vote was unanimously in
favor. Motion carried.
1.1 CONTINUED PUBLIC HEARING CASE g93-058: TO CONSIDER THE
VACATION OF A DRAINAGE EASEMENT LOCATED AT 2563 LOST LAKE
ROAD, LOT 18, BLOCK 1, LOST LAKE ADDITION, PID//24-117-24 22 0032
The Building Official stated that the applicant has not yet supplied the information necessary for
the Planning Commission to review. Therefore, there is no recommendation from the Planning
Commission.
The Mayor opened the public hearing.
MOTION made by Smith, seconded by Ahrens to continued this public hearing to
the second meeting in February (February 22, 1994), to enable the Planning
Conunlssion to review further information that is to be submitted by the applicant.
The vote was unanimously in favor. Motion carried.
1.2
CASE//94-01: LYN HEXUM, 1543 BLUEBIRD LANE, PART OF LOTS 1, 2, &
32, BLOCK 6, WOODLAND POINT, PlD//12-117-24-43 0037, VARIANCE FOR
ENTRY ROOF
The Building Official explained the request. The Planning Commission recommended approval.
31
January 25, 1994
Smith moved and Jensen seconded the following resolution:
RESOLUTION #94-14
RESOLUTION TO APPROVE A FRONT YARD
SETBACK VARIANCE AND TO RECOGNIZE
EXISTING NONCONFORMING HARDCOVER AND
REAR YARD SETBACK AT 1543 BLUEBIRD LANE,
PART OF LOTS 1, 2 & 32, BLOCK 6, WOODLAND
POINT, PID #12-117-24 43 0037, P & Z CASE//94-01
The vote was unanimously in favor. Motion carried.
1.3
CASE g94-03: GARY & JILL FEDO, 1901 SHOREWOOD LANE, PART OF LOT
1. BLOCK 12, SHADYWOOD POINT, PID #18-117-23 23 0060, VARIANCE FOR
PORCH AND DECK
The Building Official explained the request. The Planning Commission recommended approval.
Councilmember Jensen made one correction in the proposed resolution as follows:
The shape of the shoreline on the adjacent lot is odd-shaped and takes "~d a_3_n
abrupt curve.
Ahrens moved and Jessen seconded the following resolution:
RESOLUTION//94-15
RESOLUTION TO APPROVE A LAKESHORE
SETBACK VARIANCE AND RECOGNIZE AN
EXISTING NONCONFORMING FRONT YARD
SETBACK TO ALLOW CONSTRUCTION OF AN
ADDITION AT 1901 SHOREWOOD LANE, PART OF
LOT 1, BLOCK 12, SHADYWOOD POINT, PID #18-
11%23 23 0060, P & Z CASE//94-03
The vote was unanimously in favor. Motion carried.
1.4
CASE//94-05: LAWRENCE COPPIN, 2300 CHATEAU LANE, LOTS 10 & 11,
BLOCK 1, JOHN S. CARLSON ADDITION, PID #13-117-24 43 0146, MINOR
SUBDIVISION & VARIANCE
The Building Official explained the request. The Planning Commission recommended approval.
The Building Official stated that there are several items in the proposed resolution which should
be changed to reflect suggestions of the City Attorney. The suggested wording is as follows:
32
January 25, 1994
3.C. A water connection charge of $1,178 be paid at the time of Building Permit
issuance.
3.G. Removal of the hardcover and accessory structures located on Parcel 1 must be
done prior to Building Permit issuance.
Smith moved and Jensen seconded the following resolution:
RESOLUTION/['94-16
RESOLUTION TO APPROVE A MINOR
SUBDIVISION AND A VARIANCE TO RECOGNIZE
EXI.qTING NONCONFORMING SETBACKS, LOTS 10
& 11, BLOCK 1, JOHN S. CARLSON ADDITION,
PID//13-117-24 43 0146, P & Z CASE//94-05
The vote was unanimously in favor. Motion carried.
COMMENTS AND SUGGESTIONS FROM cITIZENS PRESENT
There were none.
1.5 RECOMMENDATION FROM PARKS & OPEN SPACE COMMISSION RE:
VACANCY
The Council discussed both candidates and the fact that the Park Commission was only 1 vote
apart on both candidates. Councilmember Ahrens stated she liked the idea a having an applicant
with a planning background such as Mr. Darling's. The Council agreed.
Smith moved and Ahrens seconded the following resolution:
RESOLUTION//94-17 RESOLUTION TO APPOINT WILLIAM E. DARLING
TO THE PARK AND OPEN SPACE COMMISSION -
TERM EXPIRES 12/31/96
The vote was unanimously in favor. Motion carried.
1.6 RECOMMENDATION FROM PARKS & OPEN SPACE COMMISSION RE:
APPLICATIONS FOR PUBLIC LANDS PERMITS - CHUCK CHAMPINE, 1550
CANARY LANE, WAURIKA COMMONS - DOCK SITE//01900
The Building Official explained the request. The Park Commission recommended approval with
conditions. The Building Official suggested that item//1 in the proposed resolution be changed
to read as follows:
33
January 25, 1994
City Staff is hereby to remove the stairway with Parks Department personnel.
Some minor restoration in the form of seed and mulch will be done.
The abutting owner, Mr. Chuck Champine, shall correct the electrical work on
the common and bring the light up to code as outlined in the "Guidelines for
Lights on Public Shoreland~. A licensed electrical contractor is required to do
the work with appropriate inspection by the Building Official and Electrical
Inspector in order to verify compliance. In the event the owner is unwilling to
comply with the City Council Resolution within 180 days of the resolution, staff
is directed to work with the City Attorney to obtain safe removal.
The Council discussed the requested light and the guidelines for allowing lights on public lands.
They decided that because the light shines on the lake it does not meet the guidelines. It was
also pointed out that it is currently nonfunctional. The Guidelines state, "Lights are allowed
only to illuminate substantial safety hazard areas, such as stairways with an excessively steep
incline, and for substantial security reasons". The Council was advised that this common area
is traversable. The Building Official stated that this light was not recognized in a permit issued
in 1978 to Mr. Ed Meehan. The Building Official stated if it were repaired underground
electrical would have to be installed from the house to the light. The Council asked that #3 &
#4 referring to electrical and the light be deleted from the proposed resolution and replace it with
the following: "The light be removed within 6 months. Staff is directed to work with the City
Attorney to obtain safe removal."
The Council decided that the stairway is not necessary and the City would remove it and the
retaining wall because the abutting property owner takes no responsibility for the retaining wall
or stairway.
MOTION made by Jensen, seconded by Jessen to approve the proposed resolution,
as corrected.
The Council discussed condition #6 which reads: "A dock permit for the abutting
address shall not be issued until compliance with the conditions is achieved."
Councilmember Ahrens asked if the bird feeder is on the Commons. The Building
Official stated there is no survey and the City is not sure if the bird feeder is on
commons of private land. The City Attorney suggested that a resolution of denial be
prepared as it relates to the light and another resolution approving only the bird feeder
be prepared. The above motion and second were withdrawn.
MOTION made by Jensen, seconded by Jessen directing the Staff to prepare a
resolution of denial for a special permit for the light on public lands and another
resolution approving a special permit for the bird feeder. The vote was 4 in favor
with Ahrens voting nay. Motion carried.
34
1.7
January 25, 1994
RECOMMENDATION FROM PARKS & OPEN SPACE COMMISSION RE:
APPLICATIONS FOR PUBLIC LANDS PERMITS - MARVYL O. MCLEOD, 1558
DOVE LANE, WAURIKA COMMONS - DOCK SITE #01980
The Building Official explained that this request is to approve a Special Permit for a stairway
(in need of maintenance); an accessory structure (shed); and electrical repair of a light, all on
public land. The Park Commission recommended approval with conditions. The Building
Official advised that the electrical repair would be a light that is currently not working. The
Council discussed this light being essentially the same as the previous case.
MOTION made by Jensen, seconded by Smith directing staff to rewrite the proposed
resolution allowing the stairway and shed as per the proposed resolution and prepare
a resolution of denial for the electric service and the light. The vote was 4 in favor
with Ahrens voting nay. Motion carried.
1.8 RECOMMENDATION FROM PARKS & OPEN SPACE COMMISSION RE:
LOCATING BLUEBlRD HOUSES IN CITY PARK AREAS
The City Manager explained that Mr. Peter Meyer of the Park and Open Space Commission
would like to start a Bluebird/Songbird Recovery Program. The Park Commission
recommended approval. Mr. Meyer has 4 goals for this program:
Promote a positive family activity with no cost, other than transportation.
To nurture curiosity and respect for the outdoors.
To help Bluebirds and most other cavity nesting birds survive when their natural
habitat is shrinking at an alarming rate.
Hopefully this will help more birds survive for the enjoyment of the whole
community.
Smith moved and Jessen seconded the following resolution:
RESOLUTION//94-18
RESOLUTION TO CONCUR WITH THE PARK &
OPEN SPACE COMMISSION AND APPROVE A
BLUEBIRD RECOVERY PROGRAM IN THE CITY
OF MOUND AND ENCOURAGE PARTICIPATION
The vote was unanimously in favor. Motion carried.
1.9 PROCLAMATION DECLARING APRIL 17-23, 1994, AS VOLUNTEER
RECOGNITION WEEK IN THE CITY OF MOUND
Smith moved and Jensen seconded the following resolution:
35
Jalluary 25, 1994
RESOLUTION//94-19
PROCLAMATION DECLARING APRIL 17-23, 1994,
AS VOLUNTEER RECOGNITION WEEK IN THE
CITY OF MOUND
The vote was unanimously in favor. Motion carded.
1.10 RESOLUTION RELATING TO THE LAKE MINNETONKA CONSERVATION
DISTRICT (LM(~D); OPPOSING THE DISSOLUTION THEREOF
The City Manager reported that the chair of the LMCD has asked that the City of Mound adopt
a resolution opposing the dissolution of the LMCD as a show of support for the organization.
The City of Mound some time ago sent a letter of support for the continuance of the LMCD.
Since then Spring Park, Orono and now Wayzata have passed resolutions to dissolve the LMCD.
Jensen moved and Jessen seconded the following resolution:
RESOLUTION//94-20
RESOLUTION RELATING TO THE LAKE
MINNETONKA CONSERVATION DISTRICT
(LMCD): OPPOSING THE DISSOLUTION THEREOF
The vote was unanimously in favor. Motion carried.
1.11 SET BOARD OF REVIEW HEARING
MOTION made by Jessen, seconded by Ahrens to set the Board of Review for
Tuesday, May 10, 1994, at 7:00 P.M. in the Council Chambers, 5341 Maywood
Road. The vote was unanimously in favor. Motion carried.
1.12 SET BID OPENING FOR WATER METER READING EQUIPMENT
MOTION made by Smith, seconded by Jensen to set March 1, 1994, at 11:00 A.M.
for the bid opening for Water Meter Reading Equipment. The vote was
unanimously in favor. Motion carried.
1.13 APPOINTMENT OF ASSISTANT WEED INSPECTOR
Smith moved and Ahrens seconded the following resolution:
RESOLUTION//94-21
RESOLUTION TO APPOINT JIM FACKLER AS
ASSISTANT WEED INSPECTOR FOR 1994
The vote was unanimously in favor. Motion carded.
36
Ianuary 55,
1.14 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 $174,522.43, when funds are available.
Councilmember Ahrens stated she did not agree that a bill paid to McCombs Frank Roos
for $119.10 should be charged against the Commons Dock Fund. She stated it should
be charged to the legal budget because it deals with Flack vs. City of Mound. The other
Councilmembers did not agree with Councilmember Ahrens.
A roll call vote was 4 in favor, with Ahrens voting nay. Motion carried.
INFORMATION/MISCELLANEOUS
Ae
Financial Report for December 1993 as prepared by Gino Businaro, Finance Director.
Please note that this report is preliminary. The 1993 year is not completely closed out
and final adjustments will have to be made prior to the financial audit.
Bw
LMCD Mailings. Please note the Agenda for 1/28/94 Mayor's Meeting and RSVP to
LMCD by 1/26/94. Also, note the letter received from the City of Orono.
C. Planning Commission Minutes of January 10, 1994.
Copy of letter sent to the Planning Commission from Councilmember Liz Jensen RE:
Questions by a Planning Commissioner on Flack vs. City of Mound issue.
E. Park & Open Space Commission Minutes of January 13, 1994.
Fo
Invitation from LMCD to attend "Save the Lake" Recognition Banquet scheduled for
February 17, 1994, at Lord Fletcher's. Please let Fran know by February 14, if you
wish to attend.
I recently spoke with Nancy Nordstrom, Dutch Lake area RE: Milfoil in Dutch Lake.
She had asked for $500 from the City of Mound to assist in milfoil treatment. Funds
were also coming from DNR and residents. DNR was able to cover all costs for 1993
with no funds needed from citizens or cities (Mound & Minnetrista). Good News! She
wasn't certain about treatment during 1994.
H. Letter from Governor Arne Carlson RE: anti-crime initiatives.
Proposed amendments to Hennepin County Ordinance #13, Source Separation &
Recycling.
37
38
Janaury 25, 1994
Letter from Toastmasters International RE: notification that City Manager has
successfully completed the first section (Competent Toastmaster - CTM) of the T.I.
Communication and Leadership Program.
REMINDER: Information from NLC RE: NLC Congressional/City Conference to be
held in Washington, D.C. March 12-15, 1994. If interested in attending, please let Fran
know ASAP.
Lo
We have worked out an arrangement with "Sentencing to Service", a program operated
by the Minnesota Department of Corrections which offers a sentencing alternative to the
courts in dealing with low risk, non-dangerous offenders. Attached is some information
on the program. Presently, crews are working in the Public Works Building painting the
interior. Based upon the quality of work, crews may be asked to come back and do
other work, i.e. park projects, weed removal, etc. Crews are well supervised by a
trained crew leader. We will see how this works out.
DAKOTA RAIL UPDATE
The City Manager reported that the Appeals Court has stayed the Condemnation trial that was
due to start this week until after the Breach of Contract appeal is completed.
HOUSE OF MOY UPDATE
The City Manager reported that a Summary Judgement Heating is scheduled for March 16,
1994, 1:00 P.M. before Judge Alton which will be for the purpose of having this lawsuit
dismissed.
MOTION made by Jessen, seconded by Ahrens to adjourn at 9:10 P.M. The vote
was unanimously in favor. Motion carried.
Attest: City Clerk
Edward J. ~hu~e, Jr., City Manager
38
ti Il I t L J J, t & ~ ,
39
BILLS
January 25, 1994
BATCH 3123
$145,270.04
BATCH 3125
29,252.39
TOTAL BILLS
$174,522.43
'0
Z
Z
0 CD I OIC) I ;0 . I
~ It
.cD ,.H O' ~
'i
I
Z
0
tO
I-,.
~00~0~~:~0.~
'
...... : · ~ .g~ '
¸44
"1-
Z
--,
C>
Z
.0
I
;000
I'" ..--~ ..-~
;om
.~3rn
0
ol
!
ZZ
~ C
z
Z
I C',
t% r'rl
C
-l-
Cmn
Z
I--
Z
LJ
o
I0
I I I
Z
L.~ :
~X: I
O_J
"( ,"~-
...I -3 0'-31
.Z
I
n
',,..9 I
~ .-J U.J !..J
'~Z
I!I I I,I I~
I I I I II I I I ! I II I
? ?7 ? ?t? ? ?t? ?
I