1997-08-12City Council Minutes - August 12, 1997
MINUTES - MOUND CITY COUNCIL - AUGUST 12, 1997
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on
Tuesday, August 12, 1997, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City.
Those present were: Acting Mayor Andrea Ahrens, Councilmembers Mark Hanus, Liz Jensen and
Leah Weycker. Mayor Bob Polston was absent and excused. Also in attendance were: City Manager
Edward J. Shukle, Jr., City Attorney John Dean, and City Clerk Fran Clark, and the following
interested citizens: Mr. & Mrs. James Krenik and Bev Botko.
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 Councihnember 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.
Councilmember Jensen asked to have Item A removed from the Consent Agenda.
Councilmember Weycker asked to have Item D removed from the Consent Agenda.
* CONSENT AGENDA:
MOTION made by Hanus seconded by Jensen to approve all other items on the Consent Agenda
as submitted. A roll call vote was unanimously in favor. Motion carried.
*1.1
APPROVE THE MINUTES OF THE JOINT CITY COUNCIL MEETING HELD WITH THE
CITY OF MINNETRISTA JULY 24, 1997.
Hanus, Jensen, unanimously.
'1.2 PUBLIC LAND PERMIT APPLICATIONS: ROBERT CARLSON, 4991 BRIGHTON BLVD.,
RECONSTRUCTION OF EXISTING STAIRWAY ON COMMONS.
Hanus, Jensen, unanimously.
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City Council Minutes - August 12, 1997
1.10 APPROVAL OF WESTONKA COMMUNITY CENTER SURVEY.
The City Manager presented the final draft of the survey on the Westonka Community Center that would
be conducted by Decision Resources around the end of August with results to be given in the early part of
September. This survey has been reviewed by the joint committee. The Committee wanted each
governmental unit (City of Mound, City of MINNETRISTA and the School District) for formal approval
of the survey.
MOTION made by Jensen, seconded by Weycker to approve the recommended survey as
presented by the joint conmfittee studying the renovation of the WESTONKA Conununity
Center. The vote was unanimously in favor. Motion carried.
INFORMATION/MISCELLANEOUS:
A. Department Head Monthly Reports for July 1997.
B. LMCD Representative's Monthly Report for July 1997.
The Council asked that Mr. Reese come to the Committee of the Whole Meeting quarterly for regular
discussions with the Council.
C. Information From Minnehaha Creek Watershed District (MCWD) Re: flood mitigation efforts.
D. Dock and Commons Advisory Commission Minutes of July 17, 1997.
E. Memorandum From Woody Love, MCWD, Re: Next meeting of the Stormwater Management Task
Force. Mayor Polston is Mound's Representative to this group. The next Meeting is Tuesday,
August 19, 1997, 3:30 - 5:00 p.m., Shady Oak Room, Minnetonka Community Center.
1.11
Reminder: Committee of the Whole Meeting, Tuesday, August 19, 1997, 7:30 P.M.
The City Manager asked that the Council reschedule the COW meeting scheduled for August 19,
1997, since 3 Councilmembers will be gone.
MOTION made by Hanus , seconded by Jensen to cancel the August 19, 1997, COW Meeting.
They will try to reschedule. The vote was unanimously in favor. Motion carried.
Ge
Reminder: National League of Cities (NLC) Conference, Philadelphia, December 2-6, 1997.
If interested in attending, contact Fran ASAP.
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City Council Minutes - August 12, 1997
1.12 CITY ATTORNEY UPDATE
The City Attorney reported that the Building Official has received a request for a Building Permit from an
owner of land on Wawonaissa Common. The permit is to build a new deck on their property toward the
Common. This person was one of the individuals who was a plaintiff in the lawsuit. The request shows
the deck within less that 4 feet of his property line. Under the City's ordinance a rear yard setback of 10
feet is required for a deck. At first glance this would need a variance. But then it was discovered that last
year, this plaintiff along with several other plaintiffs applied for and received from the County tax
consolidations of their parcels which combined as a single lot the Commons abutting their property and their
property. These are now combined for tax purposes as single parcels. The net effect is that the old interior
lot line between the Common and the private property is now gone for the purpose of determining setbacks.
The City Attorney's opinion is that the Building Official can go ahead and process the Building Permit
application as requested. The reason he is advising the Council is that the owner of the property has
indicated that if the Building Permit is not issued by tomorrow morning, he'll commence legal action against
the City. No action was taken.
MOTION made by Ahrens, seconded by Weycker to adjourn at 8:20 P.M. The vote was
unanimously in favor. Motion carried.
Shuk¥,'-Jr., City Manager
Attest: City Clerk
4OO
'1.3
City Council Minutes - August 12, 1997
SET DATES FOR PUBLIC HEARINGS ON SPECIAL ASSESSMENTS: DELINQUENT
UTILITY BILLS, SHERWOOD DRIVE RECONSTRUCTION, CENTRAL BUSINESS
DIgTIllCT (t~IIB) PAtlEINO. M~INTEN~NCE PlIOI21~J,M, BELINOUENT MOW13Ji2 DILL
SUGGESTED DATE: OCTOBER 14, 1997.
Hanus, Jensen, unanimously.
'1.4 APPROVAL OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH
SOUTHWEST METRO DRUG TASK FORCERESOLUTION AUTHORIZING EXECUTION
OF AGREEMENT WITH SOUTHWEST METRO DRUG TASK FORCE.
RESOLUTION//97-72
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
WITH SOUTHWEST METRO DRUG TASK
FORCERESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT WITH SOUTHWEST METRO DRUG TASK
FORCE
Hanus, Jensen, unanimously.
'1.5 RESOLUTION APPROVING AN EXEMPTION FROM LAWFUL GAMBL1NG FOR OUR
LADY OF THE LAKE CHURCH (INCREDIBLE FESTIVAL) SEPTEMBER 13 & 14, 1997.
RESOLUTION #97-73
RESOLUTION APPROVING AN EXEMPTION FROM LAWFUL
GAMBLING FOR OUR LADY OF THE LAKE CHURCH
(INCREDIBLE FESTIVAL) SEPTEMBER 13 & 14, 1997
Hanus, Jensen, unanimously.
'1.6
PAYMENT OF BILLS.
Hanus, Jensen, unanimously.
1.7 APPROVE THE MINUTES OF THE JULY 22, 1997, REGULAR MEETING.
Councilmember Jensen asked to have the vote on the third motion on Page 2855 corrected. She voted nay.
MOTION made by Jensen, seconded by Weycker to approve the Minutes of the July 22, 1997,
Regular Meeting, as corrected. The vote was unanimously in favor. Motion carried.
1.8
JAMES KRENIK, 5240 PIKE ROAD, AFTER-THE-FACT-VARIANCE FROM CITY CODE
RELATING TO DOCK DESIGN.
The request is for a dock that is 2 feet wider than allowed by the ordinance.
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City Council Minutes - August 12, 1997
Councilmember Weycker questioned using the word variance for a dock.
following:
1.
2.
The Council discussed the
The applicant agreed that if there was a problem, he would move the dock or reduce the width.
explained that he built the dock so it would be stable.
Granting an exception (variance) for ten years.
Whether the dock is a permanent structure.
It has since been determined that the dock is not a permanent structure.
What happens if there is congestion in the dock area sometime in the 10 years.
This dock area has a 30 foot spacing and even with the exception, there is still a 31 foot
spacing.
The dock is a private structure on public land even though it is not permanent.
The City Attorney suggested drafting a resolution for an exception to the dock ordinance
listing the conditions for allowing the dock.
Councilmember I-Ianus suggested the following in the resolution:
a. When the pilings come out or deteriorate, is when the exception would end
or if and when congestion in this dock area occurs.
He
MOTION made by Weycker, seconded by Jensen directing staff to prepare a resolution of
approval for an exception in dock design for James Krenik, 5240 Pike Road. This resolution
will be brought back at the August 26, 1997, Council Meeting for approval. The vote was
unanimously in favor. Motion carried.
1.9 DISCUSSION: PROPOSED DEVELOPMENT AGREEMENT WITH NORTHERN
HOSPITALITY, INC., RE: LOST LAKE INN.
The City Manager presented a proposed development agreement that was drafted by the City of Mound and
City Attorney. This agreement was prepared as a result of a sample agreement that was sent to the City by
Northern Hospitality. The agreement was sent to the developer who has suggested some changes. These
changes were just received today. The developer would like to postpone action until the next meeting when
they will be ready to present a draft at that time. This will give City Staff time to review the agreement and
have a recommendation for the Council. The Council agreed. This item will be considered at the August
26, 1997 Council Meeting. No action was taken.
COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT.
There were none.
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BILLS
August 12, 1997
BATCH 7073 $111,000.41
BATCH 7074 150,230.97
Total Bills $261,231.38