1997-08-26Mound City Council Minutes - August 26, 1997
MINUTES - MOUND CITY COUNCIL - AUGUST 26, 1997
The Clty Councll of the City o£ Mound, I-Iennepln ~oun{y, Minnesota, mot in rogular
on Tuesday, August 26, 1997, at 7:30 PM, in the Council Chambers at 5341 Maywood Road,
in said City.
Those present were: 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, Building Official Jon Sutherland, and City
Clerk Fran Clark and the following interest citizens: John Rothbauer, Stan Mierzejewski, Karen
& Pat Buffington, Lyn Hexum, David Kunz, Mike A~pelin, Cathy Bailey, Mike Zygadlo, Dave
Harrison, Russ Bothern, Tim Hendrickson, Brenda & Glenn Isaacson, Helen Eiss, Ellen
Storlien, and Betty Ann Eccles.
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. 7here will be no separate discussion of these items
unless a Councih77ember or Citizen so requests, in which event the item will be removed from the
Consent Agenda and considered in nomml sequence.
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.
*3.
CONSENT AGENDA:
Councilmember Jensen asked that the proposed resolution for P & Z Case #97-34 be corrected.
In the first Whereas it refers to a 34 foot garage which should have been a 24 foot garage.
Mr. Buffington, P & Z Case #97-35 asked to have the 3rd Whereas corrected to show the garage
is attached not detached.
The City Manager stated there is an Add-On Item from the SRA concerning the 612 Area Code
split.
MOTION made by Hanus, seconded by Weycker to approve the Consent Agenda as corrected
and the Add-On item to the Regular Agenda. A roll call vote was unanimously in favor.
Motion carried.
*1.1
APPROVE THE MINUTES OF THE AUGUST 12, 1997, REGULAR MEETING.
ttanus, Weycker, unanimously.
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Mou~t City Council Minutes - August 26, 1997
'1.2 APPROVE THE MINUTES OF THE JOINT CITY COUNCIL MEETING HELD WITH
THE CITY OF MINNETRISTA AND WESTONKA SCHOOL BOARD AUGUST 7, 1997
Hanus, Weycker, unanimously.
*1.3
APPROVE THE MINUTES OF THE JOINT CITY COUNCIL MEETING HELD WITH
THE CITY OF MINNETRISTA AND WESTONKA SCHOOL BOARD AUGUST 20, 1997.
Hanus, Weycker, unanimously.
· 1.4 RESCHEDULE COMMITTEE OF THE WHOLE MEETING FOR
SUGGESTED DATE: TUESDAY, SEPTEMBER 30, 1997, 7:30 P,M.
Hanus, Weycker, unanimously.
SEPTEMBER
*1.5 RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSINC
INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE
COMMUNITIES ACT FOR CALENDAR YEAR 1998.
RESOLUTION//97-74
RESOLUTION ELECTING TO CONTINUE PARTICIPATING
IN THE LOCAL HOUSING INCENTIVES ACCOUNT
PROGRAM UNDER THE METROPOLITAN LIVABLE
COMMUNITIES ACT FOR CALENDAR YEAR 1998
Ilanus, Weycker, unanimously.
'1.6 APPROVAL OF APPLICATIONS FOR TEMPORARY ON-SALE NON-INTOXICATINC
MALT LIQUOR PERMIT AND SIGN PERMIT FOR QUASI-PUBLIC FUNCTION
PORTABLE SIGN - WESTONKA WINTERFEST, NORTHWEST TONKA LIONS.
Hanus, Weycker, unanimously.
· 1.7 CASE//97-29:
VARIANCE TO IMPERVIOUS SURFACE TO ALLOW
CONSTRUCTION OF DECK AT 5959 IDLEWOOD ROAD, GLEN &
BRENDA ISAACSON, LOT 6, BLOCK 10, THE HIGHLANDS, PID
#23-117-24 42 0046.
RESOLUTION//97-75
RESOLUTION TO APPROVE VARIANCE TO IMPERVIOUS
SURFACE TO ALLOW CONSTRUCTION OF DECK AT 5959
IDLEWOOD ROAD, LOT 6, BLOCK 10, THE HIGHLANDS,
PID 23-117-24 42 0046, P & Z CASE//97-29
Hanus, Weycker, unanimously.
422
'1.8
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CASE//97-32:
Mou~l City Council Minutes - August 26, 1997
SETBACK VARIANCE FOR ADDITION, TIM HENDRICKSON, 4773
ABERDEEN ROAD, LOTS 8 & 9, BLOCK 9, DEVON, PID//30-117-23
22 0072.
RESOLUTION//97-76
RESOLUTION TO APPROVE A SETBACK VARIANCE FOR
ADDITION AT 4773 ABERDEEN ROAD, LOT 8 & 9, BLOCK
9, DEVON, PID.~I)- ICi-~ ~.9~ ~o?~, P & Z CASE//97-32
Hanus, Weycker, unanimously.
'1.9
CASE//97-33:
SETBACK VARIANCE FOR GARAGE, RUSSELL AND SANDRA
BOTHERN, 5943 HILLCREST ROAD, LOT 66, MOUND SHORES,
PID //14-117-24 42 0098.
RESOLUTION//97-77
RESOLUTION TO APPROVE A SETBACK VARIANCE FOR
A GARAGE AT 5943 HILLCREST ROAD, LOT 66, MOUND
SHORES, PID 13-117-24 11 0005, P & Z CASE//97-33
Hanus, Weycker, unanimously.
*1.10
CASE//97-34:
SETBACK VARIANCE FOR GARAGE AND DECK, STAN
MIERZEJEWSKI, 1942 SHOREWOOD LANE, LOT 12 & P/Il,
BLOCK 2, SHADYWOOD POINT, PID//18-117-23 23 0014.
RESOLUTION//97-78
RESOLUTION TO APPROVE A SETBACK VARIANCE FOR
A GARAGE AND DECK, AT 1942 SHOREWOOD LANE, LOT
12 & P/ll, BLOCK 2, SHADYWOOD POINT, PID 18-117-23 23
0012, P & Z CASE//97-34
Hanus, Weycker, unanimously.
*1.11
CASE//97-9%35:
SETBACK VARIANCE FOR GARAGE, PATRICK BUFFINGTON,
4456 RADNOR ROAD, LOTS 12-15 & W15' OF 11 & 15, BLOCK 15,
AVALON, PID//19-117-23 34 0108.
RESOLUTION//97-79
RESOLUTION TO APPROVE A SETBACK VARIANCE
FOR A GARAGE , AT 4456 RADNOR ROAD, LOTS 12-
15 & W 15' OF 11 & 15, BLOCK 15, AVALON, PID 19-
117-23 34 0108, P & Z CASE//97-35
Hanus, Weycker, unanimously.
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Mound City Council Minutes - August 26, 1997
'1.12
CASE #97-36:
SETBACK VARIANCE FOR GARAGE, MIKE ZYGADLO, 5043
ENCHANTED ROAD, LOT 6, BLOCK 20, SHADYWOOD POINT, P1D
#13-117-24 12 0096.
RESOLUTION #97-80
RESOLUTION TO APPROVE A SETBACK VARIANCE FOR
A GARAGE, AT 5043 ENCHANTED LANE, LOT 6, BLOCK 20,
SHADYWOOD POINT, PID 13-117-24 12 0096, P & Z CASE
#97-36
Hanus, Weycker, unanimously.
· 1.13 APPROVAL OF STREET LIGHT REQUEST - CORNER OF BEDFORD ROAD AND
CAMBRIDGE LANE.
RESOLUTION#97-81 RESOLUTION TO AUTHORIZE INSTALLATION OF A
STREET LIGHT AT THE CORNER OF BEDFORD ROAD AND
CAMBRIDGE LANE
Hanus, Weycker, unanimously.
'1.14 APPROVAL OF DANCE AND BEER PERMITS FOR OUR LADY OF THE LAKE'S
INCREDIBLE FESTIVAL SEPTEMBER 13-14, 1997.
Hanus, Weycker, unanimously.
· 1.15 PAYMENT OF BILLS.
Hanus, Weycker, unanimously.
1.16 CONTINUED PUBLIC HEARING: CONDITIONAL USE PERMIT APPLICATION,
WESTONKA PUBLIC SCHOOLS, ADDITION TO SHIRLEY HILLS ELEMENTARY
SCHOOL. (DUE TO CONTINUED STUDY OF RENOVATION, THIS ITEM SHOULD BE
CONTINUED UNTIL SEPTEMBER 23, 1997. PLEASE NOTE THAT SURVEY RESULTS
SHOULD BE AVAILABLE IN EARLY TO MID-SEPTEMBER SO WE WILL HAVE AN
IDEA AS TO WHETHER OR NOT WE WILL BE PURSUING A REFERENDUM THIS
FALL).
The City Manager explained this is a continuance from April. At that time it was decided to continue the
public hearing to certain dates upon completion of the study that was to be done on the possible renovation
of the Community Center. He explained that there is a survey being done in the community by Decision
Resources and that will be completed, with results available by the middle of September. The Committee
has asked that the Council continue the Public Hearing until September 23, 1997, to allow the survey to
be completed and results made available.
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Mound City Council Minutes - August 26, 1997
MOTION made by Hanus, seconded by Weycker to continue this Public Hearing until
September 23, 1997. The vote was unanimously in favor. Motion carried.
1.17 BID AWARD: BUILDING DEMOLITION, AUDITOR'S ROAD IMPROVEMENT
PROJECT.
The City Manager explained that this is the first step toward the redevelopment o£ downtown Mound. The
following bids were received:
1. JME of Monticello, Inc. $47,815.00
2. Veit & Company, Inc. $63,395.10
The City Engineer's estimate was//77,998.00. The City Engineer is recommending the bid be awarded
to JME of Monticello, Inc. as per his letter, dated August 21, 1997. This demolition project could be
started by mid September.
Jensen moved and Weycker seconded the following resolution:
RESOLUTION//97-82
RESOLUTION TO AWARD THE BID FOR THE BUILDING
DEMOLITION IN THE AUDITOR'S ROAD IMPROVEMENT
TO JME OF MONTICELLO, INC., IN THE AMOUNT OF
$47,815.00
The vote was unanimously in favor. Motion carried.
1.18 DISCUSSION: PROPOSED DEVELOPMENT AGREEMENT WITH NORTHERN
HOSPITALITY, INC., RE: LOST LAKE INN.
The City Manager explained that we have been negotiating with Northern Hospitality of Brainerd, MN
who is interested in placing a hotel on the Lost Lake site. A Development Agreement has been worked
out between the City and the Developer and this is what is before the Council tonight. This Agreement
spells out, in a general way, what is intended to be done. The Developer will conduct a market or
feasibility study on whether there is a market for this type of hotel in Mound. There is a clause to get out
of this Agreement by either party. Staff is recommending approval. The City Manager reviewed the
changes that have been made in the Agreement.
Hanus moved and Jensen seconded the following resolution:
RESOLUTION//97-83
RESOLUTION TO AUTHORIZE THE MAYOR AND CITY
MANAGER TO EXECUTE THE DEVELOPMENT
AGREEMENT WITH NORTItERN HOSPITALITY OF
BRAINERD, MN. IN THE LOST LAKE AREA
The vote was unanimously in favor. Motion carried.
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Mound City Council Minutes - August 26, 1997
COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT.
There were none.
1.19
DISCUSSION: SUMMONS AND COMPLAINT REGARDING WOODLAND POINT
LITIGATION - WAWONAISSA AND WAURIKA COMMONS (JOHN DEAN, CITY
ATTORNEY, MAY WANT TO ASK FOR AN EXECUTIVE SESSION ON THIS ITEM)
The City Manager advised that the City has been served with a Summons as a respondent in the declaratory
judgement action being petitioned by a number of residents in the Woodland Point area.
The City Attorney stated the City has been served with pleadings in a lawsuit. The City being one of the
many defendants in the lawsuit. He has asked for and received an extension in time to answer. The
extension is for 2 weeks. This will allow the City time to engage in discussions. The City Attorney
suggested that the Council go into Executive Session to discuss the background of the litigation; the
City's posture and approach in formulating and preparing an answer might be; and what the issues might
be that we would address in those pleadings.
Councilmember Weycker removed herself from the Executive Session.
The Council went into Executive Session at 7:48 P.M. They returned at 9:10 P.M.
The City Attorney stated that the Council has now discussed the process to be followed in connection with
the litigation. The Acting Mayor read the following statement:
"The City of Mound has been named as a defendant in a lawsuit involving two commons in
Woodland Point, Wawonaissa and Waurika. The purpose of the lawsuit is to determine who owns
these commons and who has the right to use them. Mound is a party in the lawsuit because it owns
land within the Woodland Point subdivision and because of the inclusion of the commons in
Mound's public land programs for many years.
At this time, Mound intends to answer the suit and pursue claims regarding the fights of the general
public to use and enjoy the commons. We are having our attorney do a fact finding in order to be
able to advise us, if and what to respond.
It is important that all those who have been named in the lawsuit understand that Mound will not
be representing them in this litigation. In fact, Mound's efforts to claim a public right in the
commons may run counter to claims which owners of property in Woodland Point may wish to
pursue.
This litigation does involve a determination of property fights in the Commons. Mound will only
be involved in the litigation to protect the public interest. All other named defendants need to be
prepared to provide their own defense if they want to have an influence in how the matter is
resolved. Whether or not the named defendants choose to answer and participate in the lawsuit,
the outcome of the case will affect their interest in the commons."
The Acting Mayor acknowledged that the City has received 2 written comments from two people who
currently reside in the subdivision. She asked that anyone else who has comments or input, please submit
them in writing. The Acting Mayor asked if there was anyone present who would like to speak on this
issue. There was no response.
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Mound City Council Minutes - August 26, 1997
The City Attorney advised that as was stated earlier the City has obtained, for its own benefit, an extension
of time to answer the complaint in this lawsuit. As a result of that extension of time, this matter will be
presented again to the City Council at its next regularly scheduled meeting two weeks. He then made
it clear that this extension of time to respond only applies to the City of Mound and not the other
respondents named in the lawsuit. '
1.20 ADD-ON ITEM - DISCUSSION ON AREA CODE SPLIT
The City Manager explained that the City is a member of the Suburban Rate Authority (SRA) which
follows utility issues that affect Mound. The Public Utility Commission (PUC) has determined that there
may be a need to expand the area code system in the Metro area. This can be done a number of different
ways:
1. Geographic split or
2. Overlay (this would involve dialing a ten digit number).
The PUC has tabled further discussion until October. The SRA is asking all cities if they have any
comments or statements they would like to submit to the PUC through the SRA.
Councilmember Hanus who is Mound's representative on the SRA stated that most cities tend to favor the
river split, except that will split some cities and the SRA is opposed to splitting area codes in cities. The
SRA would like to maintain the integrity of city boundaries for area codes. A modified river split seems
to be what is favored.
The City Manager suggested that he would put this item on the next agenda to give the Council time to
think about it and formulate some comments to be submitted to the PUC through the SRA.
No action was taken on this item at this time. It will be discussed at the Council meeting September 23,
1997. The Council asked that this matter be discussed with the Economic Development Commission at
its next meeting.
INFORMATION/MISCELLANEOUS:
A. Financial Report for July 1997 as prepared by Gino Businaro, Finance Director.
Information from Suburban Rate Authority (SRA) regarding Department of Public Service
Area Code Split.
The next joint meeting of the City Councils' of Minnetrista and Mound along with the
School Board will be held Thursday, September 18, 1997, 7:00 p.m., Minnetrista City Hall.
The results of the Decision Resources survey will be reviewed at that time.
The City Manager advised that this is a Special Meeting of both the Cities of Mound
and Minnetrista and if there is a quorum of each Council, a decision could be made
at that time, on whether to go forward with the referendum or not. If a referendum
was to be held, the Committee has suggested December 4, 1997, as a possible date.
Councilmember Ahrens stated she would not be able to attend the September 18th
Meeting and asked that the item be put be on the September 23rd Agenda. The
Council agreed.
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Mound City Council Minutes - August 26, 1997
REMINDER: If you are interested in attending the National League of Cities (NLC)
Conference in Philadelphia December 2-6, please contact Fran ASAP regarding registration.
MOTION made by Jensen, seconded by Weycker to adjourn at 9:30 P.M. The vote was
unanimously in favor. Motion carried.
Attest: City Clerk
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BILLS
.August 26, 1997
Batch 7082 $262,365.23
Total Bills $262,365.23