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Minutes - Mound City Council - February 25, 1997
MINUTES - MOUND CITY COUNCIL - FEBRUARY 25, 1997
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session
on Tuesday, February 25,199'/, at 7:30 PM, in the Council Chambers at 5341 Ma~wood Road,
in said City.
Those present were: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz
Jensen and Leah Weycker. Also in attendance were: City Manager Edward J. Shukle, City
Attorney John Dean, Liquor Store Manager Joel Krumm, Fire Chief Steve Erickson, Finance
Director Gino Businaro, Building Official Jon Sutherland, and City Clerk Fran Clark; and the
following interested citizens: Frank Ahrens, Karl Eridrnhoen, Karen Kingsley, Dotty O'Brien,
Bev Botko, Marilyn Byrnes, Mark Goldberg, Elta Erickson, Leona Peterson, Cathy Bailey, Kiki
Sonnen, Dan Hessburg, and Amy Cicchese.
The Mayor opened the meeting and welcomed the people in attendance. The Pledge of
Allegiance was recited.
*Consent Agenda: All items listed under the Consent Agenda are considered to be routine by the
Council and will be enacted by a roll call vote. There will be no separate discussion of these items
unless a Councilmember or Citizen so requests, in which event the item will be removed from the
Consent Agenda and considered in normal sequence.
OPEN MEETING - PLEDGE OF ALLEGIANCE,
APPROVE AGENDA. At this time items can be added to the Agenda that
are not listed and/or items can be removed from the Consent Agenda
and voted upon after the Consent Agenda has been approved.
The City Manager asked that the following items be added to the regular agenda:
A discussion item on recommendations from the POSC on how 1998 capital outlay
should be treated. They recommended some action be taken.
The City Clean-Up Day is scheduled for April 26, 1997, at the Lost Lake site. He asked
if this means Mound residents only.
PCB testing for the Lost Lake Canal dredge. Possible expenditures that might be
anticipated for this.
Councilmember Weycker asked that Item A, the Minutes from the February 11, 1997, Regular Meeting,
be removed and considered separately.
MOTION made by Ahrens, seconded by Hanus to approve the Agenda and the Consent
Agenda as amended above. A roll call vote was unanimously in favor. Motion carried.
-~ 1.1 MINUTES OF THE FEBRUARY 11, 1997, REGULAR MEETING.
Councilmember Weycker asked that a change be made on Page 647. In the motion made by Jensen,
seconded by Weycker, it should read .... "The Dock & Commons Advisory Commission shall consist
of seven members."
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Minutes - Moumt City Council - February 25, 1997
MOTION made by Weycker, seconded by Ahrens to approve the Minutes of the February
11, 1997, Regular Meeting, as amended. The vote was unanimously in favor. Motion
carried.
*CONSENT AGENDA:
1.2
APPROVE THE MINUTES OF THE FEBRUARY 18, 1997 COMMITTEE OF THE
WHOLE MEETING.
MOTION
Ahrens, Hanus, unanimous.
1.3
CASE //97-03: RESOLUTION OF DENIAL OF VARIANCE REQUF~T FOR NEW
DWELLING, FRANK NIESEN, 5300 LYNWOOD BLVD. LOTS 18. 19, 20 & P/21,
BLOCK 7, A.L. ADDN. TO LAKESIDE PARK, PID//13-117-24 34 0089.
RESOLUTION//97-21
RESOLUTION DENYING THE REQUEST OF FRANK
NIESEN FOR FRONT YARD VARIANCES TO CONSTRUCT
A NEW HOME AT 5300 LYNWOOD BLVD. LOTS 18, 19, 20
& P/21, BLOCK 7, A.L. ADDN. TO LAKESIDE PARK, PID
//13-117-24 34 0089
Ahrens, Hanus, unanimous.
1.4
PROCLAMATION DECLARING THE WEEK OF MARCH 2-9, 1997, AS VOLUNTEERS
OF AMERICAN WEEK IN THE CITY OF MOUND.
RESOLUTION//97-22
RESOLUTION PROCLAIMING THE WEEK OF MARCH 2-
9, 1997, AS VOLUNTEERS OF AMERICAN WEEK IN THE
CITY OF MOUND
Ahrens, Hanus, unanimous.
1.5
APPROVAL OF AN ORDINANCE AMENDING SECTION 810:30, SUBD. 3 OF THE
CITY CODE RELATING TO BEER LICENSES, BY REPEALING SUBSECTION (b).
ORDINANCE//85-1997
AN ORDINANCE AMENDING SECTION 810:30, SUBD. 3
OF THE CITY CODE RELATING TO BEER LICENSES, BY
REPEALING SUBSECTION (b)
Ahrens, Hanus, unanimous.
1.6 REQUEST FROM BASS CHAMPIONS DIVISION 3 TO USE MOUND BAY PARK AS
A WEIGH-IN SITE FOR A BASS FISHING TOURNAMENT ON SATURDAY, JULY 19,
1997 AND SATURDAY, AUGUST 23, 1997.
MOTION
Ahrens, Hanus, unanimous.
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1.7
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PAYMENT OF BILLS.
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Minutes - Mound City Council - February 25, 1997
MOTION
Ahrens, Hanus, unanimous.
1.8 PUBLIC HEARING: 1997 COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM.
The City Manager explained that four organizations have requested funding, but that the amounts
proposed are not the amounts requested. This is because the City is held to a 20% cap on public
service delivery programs under Federal HUD rules. The total amount of CDBG funds that Mound
will receive is $67, 178. This is proposed to be broken down as follows:
ACTIVITY BUDGET
Westonka Senior Center Operations $ 8,025
Westonka Community Action Network (WECAN) $ 2,821
Westonka Intervention $1,747
Community Action for Suburban Hennepin (CASH) $ 806
Rehabilitation of private property $53,779
TOTAL $67,178
The Mayor opened the Public Hearing.
The following persons spoke.
Karen Kingsly, representing CASH.
Kiki Sonnen, representing WECAN.
Cathy Bailey, representing Westonka Senior Center.
Dan Hessburg, representing Westonka Intervention.
They all thanked the Council for their continued support.
The Mayor closed the public hearing.
Hanus moved and Ahrens seconded the following resolution:
RESOLUTION #97-23
RESOLUTION APPROVING THE PROJECTED USE OF
FUNDS FOR 1997 URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM
The voted was unanimously in favor. Motion carried.
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Minutes - Mout~l City Council - February 25, 1997
1.9 CASE//9%06:
REQUEST FOR VARIANCE FOR ADDITION, CONRAD &
NANCY STARR, 3152 & 3136 ALEXANDER LANE, LOTS 17-21 &
1/2 OF 22, BLOCK 6, ARDEN, PID //24-117-24 44 0068 & 0069
(VARIANCE APPLICATION RELATES TO ALLOWING GARAGE
TO REMAIN FOR 3 YEARS}.
The Building Official explained the request. The existing garage encroaches into the neighboring
property and it also is setback 15 feet to the front property line, where a 30 foot setback is required.
The garage is in need of structural repairs. The Staff and the Planning Commission unanimously
recommended approval of a temporary three year variance to recognize the detached, nonconforming
garage in order to allow construction of a conforming addition onto the house. The applicant has now
decided to also put an attached garage onto the house which would be conforming. They would like
to keep the detached garage for a period of time to allow storage until the new garage is built. They
have asked to withdraw their request for a subdivision since it will not be necessary with the removal
of the detached garage. They are requesting a refund of their subdivision application fee. Staff has no
objection to the subdivision application fee being refunded. The Council agreed to refund the fee.
Ahrens moved and Hanus seconded the following resolution:
RESOLUTION//97-24
RESOLUTION TO APPROVE A TEMPORARY VARIANCE
FOR THREE YEARS TO RECOGNIZE AN EXISTING
NONCONFORMING DETACHED GARAGE TO ALLOW A
CONFORMING ADDITION ONTO THE DWELLING AT
3152 ALEXANDER LANE, LOTS 17, 18 AND 19, BLOCK 6,
ARDEN, PID//24-117-24 44 0068, P & Z//9%06
Also included in this motion is the approval of a refund of the subdivision application fee.
The vote was unanimously in favor. Motion carried.
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT.
There were none.
1.10 1996 DEPARTMENT HEADS ANNUAL REPORTS:
The following Department Heads presented their 1996 annual reports to the City Council: Joel Krumm,
Liquor Store Manager; Steve Erickson, Fire Chief; Gino Businaro, Finance Director; Jon Sutherland,
Building Official.
1.11 REPORT ON INTEREST FROM THE COMMONS TASK FORCE TO SERVE ON THE
NEWLY CREATED DOCK & COMMONS COMMISSION.
The City Manager reported that we have received 10 letters of interest in serving on the Dock &
Commons Advisory Commission, by members of the Commons Task Force. There are only 6 positions
available on the Commission. According to the ordinance you need 3 nonabutters and 3 abutters. Of
the 10 who applied 3 are nonabutters, 6 are abutters and 1 person was serving in the at-large position.
He reported that the person who was at-large does not meet the criteria because she is not presently in
the City licensed dock program which is a requirement.
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Minutes - Mound City Council - February 25, 1997
Mayor Polston stated that since the Council knows ~the people who have served on the Task Force and
they have worked closely with them as a City Council and they have worked with the POSC. He did
not feel it wa~ neee~m-y to interview the~e people.
Polston moved and Hanus seconded the following resolution:
RESOLUTION g97-25
RF_~OLUTION TO APPOINT THE FOLLOWING PERSONS
TO THE DOCK & COMMONS ADVISORY COMMISSION
FOR THE SPECIFIED TERMS: MARK GOLDBERG - 1
YEAR TERM; JIM FUNK - 2 YEAR TERM; DENNIS
HOPKINS - 2 YEAR TERM; FRANK AHRENS - 3 YEAR
TERM; AND GORDY TULLBERG - 3 YEAR TERM
Councilmember Jensen stated that she feels that the proposed makeup of the Commission lacks
diversity in two areas.
1. There were women who served on this Task Force who have been ignored.
2. The two abutters proposed are from the same Commons.
Councilmember Hanus stated, "that he does not see this as a gender based issue and he doesn't
see that it makes any difference one way or the other."
Councilmember Weycker asked if having Councilmember Ahren's husband appointed creates
a conflict.
The City Attorney stated, "From a legal standpoint, the spouse of a City Councilmember serving
on an Advisory Commission such as this, does not constitute any kind of legal conflict of
interest. There is no legal prohibition to this occurring."
Mayor Polston reminded the Council that three of the women who served on the Commons Task
Force are also valued members of the POSC and he is hopeful they will continue to serve. He
further stated that the diversity is there if you look at the two advisory commissions which will
represent the needs of the City.
Councilmember Weycker agreed with Councilmember Jensen that the proposed appointments,
lack diversity.
The vote was 3 in favor with Jensen and Weycker voting nay. Motion carried.
Ahrens moved and Hanus seconded the following resolution:
1.12
RESOLUTION g97-26
RESOLUTION APPOINTING MAYOR POLSTON AS
COUNCIL LIAISON TO THE DOCK & COMMONS
ADVISORY COMMISSION
Councilmember Jensen stated that since she is opposed to the creation of the Commission and
the composition of the Commission, she would be voting against this also.
The vote was 3 in favor with Jensen and Weycker voting nay. Motion carried.
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Minutes - Moumt City Council - February 25, 1997
The Council asked the Staff to notify the people of their appointment and encourage them to set up their
meetings to work out the work rules, as soon as possible.
Mayor Polston stated that he is sensitive to what Councilmember Jensen suggested, as far as diversity
goes. He hopes that no one feels that this was done on purpose and it certainly wasn't done, in any
fashion, to insult or question the integrity of the women who have served extremely well on the POSC.
He hopes they will continue to serve the City on the POSC.
ADD-ON ITEMS
1.13 POSC - CAPITAL OUTLAY
The City Manager reported that at the last POSC Meeting, it was recommended that the City Council
advertise in the legal notice of the newspaper, asking for input from the public for the 1998 Budget
request for park improvements. He stated that on the POSC there is some concern that the capital
outlay hasn't had enough discussion or enough public input into the budget process in the past several
years. They would like as much public input as possible on capital outlay issues. Thus, it is before you
tonight.
The City Manager explained that typically, how the budget process works, is that the Department Heads
gather the information, in this case Mr. Fackler, has some suggestions each year that he puts before the
POSC. He has a capital program 'that goes out over five years and he makes suggestions to the
Commission at an early stage in the process. He further stated that citizen input is fine, but there is
a process in place right now that welcomes that at any time and to advertise it might enhance it, but we
probably wouldn't be changing the process at all, because we are on a budget timetable.
Councilmembers Weycker stated that she does not feel that the draft POSC minutes, that were handed
out tonight, give the flavor of what was discussed. She stated that the request for citizen participation
in deciding what the parks wanted was what they were talking about not how we are going to spend
the money, but rather, what people would like to see in a certain park.
The Mayor suggested that the POSC solicit input from citizens, through some type of survey, of what
they would like to see done in the parks. They could then develop a plan and prioritize the needs and
wants for the parks. Councilmember Weycker stated that is what she felt the POSC was trying to do
with the advertisement.
The Council took no action on this item.
1.14 CITY CLEAN-UP DAY
The City Clean-Up Day is set for Saturday, April 26, 1997, at the Lost Lake site. The City Manager
asked if this is for Mound residents only or will it be open to everybody. The Council discussed this
and decided they did not have a problem with it being open to everybody as long as the fees cover the
costs.
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Minutes - Mound City Council - February 25, 1997
1.15 MINNEHAHA CREEK WATERSHED DISTRICT (MWCD) MEETING, FEBRUARY 27,
1997
The City Manager reported that the MWCD will be considering the permit application for the Lost Lake
Canal Dredging Project. Part of that approval is contingent upon testing for PCB's in the Lost Lake
canal. He reported that the ballpark figure for the cost of this test is in the neighborhood of $10,000.
He asked for the Council's approval of up to $10,000 for this testing and related costs.
MOTION made by Hanus, seconded by Ahrens to authorize paying up to $10,000.00 for
testing for PCB's in the Lost Lake Channel. The vote was unanimously in favor. Motion
carried.
9. INFORMATION/MISCELLANEOUS:
A. Financial Report (Unaudited) for 1996 as prepared by Gino Businaro, Finance Director.
B. Financial Report for January 1997, as prepared by Gino Businaro, Finance Director.
C. Planning Commission Minutes of February 10, 1997.
Do
Finding of Fact Prepared by the Minnehaha Creek Watershed District's Attorney in preparation
for the Meeting of the District to be held on Thursday, February 27, 1997, 7:30 P.M.,
Minnetonka Community Center. This is pursuant to the Board's action of February 6, 1997.
We should probably establish that February 27, 1997, date as a Continued City Council Meeting
of February 25, enabling all of the Council to attend pursuant to the Minnesota Open Meeting
Law.
Eo
Notice from the Hennepin County Board of Commissioners Re: Reappointments to Minnehaha
Creek Watershed District Board of Managers.
Fo
Notice from the LMCD of the appointment of Greg Nybeck to the position of Executive
Director. Greg has been the Administrative Technician for the LMCD for the past two years.
MOTION made by Ahrens, seconded by Weycker at 9:10 P.M. to continue this meeting to
Thursday, February 27, 1997, at 7:30 P.M., at the Minnetonka Community Center. The
vote was unanimously in favor. Motion carried.
ward J. Shul~, Jr., City Manager
Attest: City Clerk
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BILLS
February 25, 1997
BATCH 7022 $152,910.80
Total Bills $152,910.80