1997-09-09City Council Minutes - September 9. 1997
MINUTES - MOUND CITY COUNCIL - SEPTEMBER 9~ 1997
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session
on Tuesday, September 9, 1997, at 7:30 PM, in the Council Chambers at 5341 Maywood Road,
in said City.
Those present were: Mayor Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz Jensen
and Leah Weycker. Also in attendance were: City Manager Edward J. Shukle, Jr., City
Attorney John Dean, Building Official Jon Sutherland, City Planner Loren Gordon, City
Engineer John Cameron, Finance Director Gino Businaro, Acting City Clerk Linda Strong and
the following interested citizens: Mark Saliterman, Bil Hawks, Ron Fenney, Lyn Hexum, Mitch
Knutson, Sandy Wing, Tami Logelin, Helen Eiss, Terri Bingham, Heidi Petty, Cathy Bailey,
Linda Dreyer, Marke Thiede, Craig Jacks, Robert Lien, Marie Johnson, Vince Forsman, Mike
Aspelin, Don Petsersn and Karen Cole.
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.
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.
CONSENT AGENDA:
Councilmember Hanus removed item B, Payment of the Bills, from the agenda. He was concerned
with an item concerning research for a public pier and the funds coming from the Dock Fund. He
thought the funds should come from the General Fund. Councilmember Weycker stated the request
had come from Mr. Hopkins of the Docks Commission. City Manager Shukle stated the fund could
be changed to the General Fund to pay this item.
The City Manager stated there would be an Add - On item to set a Public Hearing date.
MOTION made by Jensen, seconded by Weycker to approve the items on the Consent
Agenda as amended. A roll call vote was unanimously in favor. Motion carried.
*1.1 APPROVE THE MINUTES OF THE AUGUST 26, 1997 REGULAR MEETING.
MOTION
Jensen, Weycker, unanimously.
441
Mound City Council Minutes - September 9, 1997
'1.2
PAYMENT OF BILLS
MOTION
Jensen, weycker, unanimously.
1.3
REQUEST FOR PAYMENT, 1997 SEALCOATING, ALLIED BLACKTOP.
MOTION by Hanus, seconded by Jensen, to approve the ~mended agenda, the
payment of bills as corrected and to approve the request for payment for the 1997
Sealcoating. A roll call vote was called, motion carried unanimously.
1.4
ADD-ON
SET PUBLIC HEARING DATE TO REVIEW THE CONDITIONAL USE PERMIT FOR
MEYER'S MOUND SERVICE, 2620 COMMERCE BLVD.
SUGGESTED DATE: SEPTEMBER 23, 1997
MOTION by Weycker, seconded by Hanus, and carried unanimously to set
Tuesday, September 23, 1997, 7:30 pm for a Public Hearing to review the
Conditional Use Permit for Meyer's Mound Service.
1.5
PUBLIC HEARING: CONSIDERATION OF A CONDITIONAL USE PERMIT
TO ALLOW THE WESTONKA SCHOOL DISTRICT TO ESTABLISH EARLY
CHILDHOOD FAMILY EDUCATION (E.C.F.E.) LOCATED WITHIN THE B-1
ZONING DISTRICT AT 5241 SHORELINE DRIVE, LOTS 7-20 & 26-35 & ALL
VACATED ALLEY & PARKING AREA AND PARK, BLOCK 1, PID #13-117-24
34 0072, P & Z 97-38,
City Manager Ed Shukle introduced Loren Gordon, City Planner, from Hoisington Koegler Group, Inc.
Loren Gordon summarized this item. The Westonka School District wants to establish their Early
Childhood Family Education Center at 5241 Shoreline Drive, in the Jubilee Shopping Center where
the old Headliner's used to be. A Conditional Use Permit is required to do this in the B-1 Business
District. The proposed office space consists of 6,708 square feet which included the space of
Headliner's and Larson Printing. The building space will have three public entry/exit doors, one in
the front of the shopping center, and two in the rear of the building along Eden Road. The School
District intends to conduct the following functions: a preschool, an early childhood family education
and an early special education center. The facility will serve approximately 88 children with 10 staff
persons.
442
Mound City Council Minut~. September 9, 1997
Mayor Polston introduced Mark Thiede, Architect for the school district, from TSP/EOS. Mr. Thiede
stated that to provide for the safety of the children at the front of the building, a fence type railing with
spindles will be added between the columns so children can not run out onto the parking lot. The entry
will be open to the parking lot. The building owner is receptive to the plan and the Planning
Commission recommended approval. The building does not contain a fire sprinkler system, it is not
required if the walls are a two hour parting wall. The building does comply with ADA standards.
Mayor Polston was concerned that there was no fire sprinkler system. He hoped that in the haste to
accommodate the situation, that it would not be detrimental to the children. He was also concerned
that the CUP of this nature would be a conflict within an retail location.
Mayor Polston opened the public hearing.
Bil Hawks, 3465 County Road 44, spoke against the Conditional Use Permit for the school district.
Sandy Wing, Director of E.C.F.E., spoke in favor of the Conditional Use Permit. She stated that
several parents will be with their children while at the facility. The two busiest times would be about
9 am and then again around 3 pm. This is not a busy time for the shopping center. The building that
the ECFE was now using is not suitable for staff and children. There are issues of health, safety, and
mold.
Mayor Polston stated he was sympathetic and asked if there had been any effort to work with the
churches in the area? Ms. Wing stated they had tried, but there was no area that could provide a
dedicated space for their needs.
Mark Saliterman, owner of the shopping center, spoke regarding the use of the space to be only
temporary, around 2 years.
Being there was no one else to comment, Mayor Polston closed the public hearing and returned the
item to the Council for discussion.
Councilmember Jensen was concerned with condition gl regarding the non retail and commercial use
at the same location. She commented on the proposed stop signs that would be located at the entry to
the facility and a crosswalk. She commented that she has little faith in crosswalks.
Consensus of the Council was to amend the resolution to include the following conditions:
1. A review of the CUP one year after Council approval.
2. The addition of a railing with spindles to be installed between the columns that currently exist.
The following amended resolution was moved by Jensen, seconded by Weycker:
443
Mound City Council Minutes - September 9, 1997
RESOLUTION//97-84
RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT TO
ALLOW AN EDUCATIONAL FACILITY, LOCATED IN THE B-1
BUSINESS DISTRICT, AT 5241 SHORELINE BOULEVARD, LOTS
7-20 & 26-35 & ALL VAC. ALLEY & PARKING AREA & PARK,
BLOCK 1, PID 13-117-24 34 0072.
The motion passed 4-1, Polston opposed.
Comments from the Council included: not a good way to spend tax payer dollars, only temporary, the
option to review in one year gave the Council the ability to review the health, safety and welfare of
the program being located within a commercial arena.
1.6
CASE//97-46: VARIANCE FOR GARAGE AND ADDITION, MITCHELL KNUTSON,
6547 BARTLETT BLVD., LOT 18, HALSTEAD HEIGHTS, PID//22-117-24 44 0037
THIS CASE WILL BE AT THE PLANNING COMMISSION MQNDAY, SEPTEMBER
8, 1997.
Building Official Jon Sutherland reviewed this case. He stated this case had been before the Planning
Commission the night before the Council meeting. The applicant is seeking a building permit and
variance to allow the construction of an attached garage and bedroom addition that is nonconforming
to the required side yard setback of 10 feet. The City Planner had stated that the ideal situation would
be the removal of the undersized home (rental unit) and the combination of the two parcels to return
the property to one contiguous parcel. The parcels were combined and became no longer lots of
record. Therefore, the side yard setback is 10 feet, the applicant is requesting a 4 foot side yard
setback. The new proposed garage and addition match the architecture of the dwelling and the
positioning of the existing dwelling make it difficult to locate an addition that allows for adequate area
or suitable entry into the dwelling without a major impact to the existing architecture. The larger
garage also provides for additional storage for the lake shore property. The topography of the existing
lot and the lake side limits the available buildable footprint when coupled with the existing location of
the home.
The staff recommends approval with the following conditions:
The deck and encroaching shed located on the accessory structure on the street side shall be
removed prior to the building permit issuance.
The detached accessory structure on the street side shall not be used as a dwelling or rental unit
and/or permanent residence.
The Planning Commission recommends approval on a 5-1 vote, with Weiland opposed. The
Commission added a condition that the gravel driveway to the small structure be removed.
Councilmember Jensen moved and Councilmember Hanus seconded the following resolution as
amended:
444
RESOLUTION//9%85
The resolution passed 5-0.
Mound City Council Minutes - Sel~tember 9, 1997
RESOLUTION TO APPROVE A VARIANCE FOR GARAGE AND
ADDITION AT 6547 BARTLETT BOULEVARD, LOT 18,
HAL~TEAD HEIGHTS, PlD ~2-117-~4 44 0037.
1.7 DISCUSSION: RESPONSE TO WOODLAND POINT SUMMONS.
City Manager Ed Shulde stated the City had 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.
He continued saying the City had until October 3, 1997 to respond. John Dean, City Attorney,
introduced Karen Cole,attorney from Kennedy & Graven who has been hired by the League of
Minnesota Cities Insurance Trust.
At 8:40 pm the Council adjourned to Executive Session to discuss this item. Councilmember Leah
Weycker removed herself from the executive session. The Council returned from Executive Session
and resumed the regular meeting at 9:20 pm.
Mayor Polston stated that the Council has until October 3, 1997 to respond and that the City's legal
advisors were working on preparing a response.
Mayor Polston asked if there were comments from the people in attendance.
Bil Hawks, 3465 County Road 44. He commented on the City's membership to the LMCD. He
suggested they not rejoin and make payment as he was concerned with how the LMCD was being
operated. He suggested the Council recommend that the LMCD televise their meetings so people can
be informed of their actions. Councilmember Hanus agreed and also that the City's LMCD
representative should and will be attending Council meetings with updates.
Mike Aspelin, 1604 Eagle Lane. He stated he was angry with the City in the lawsuit participation.
Mayor Polston stated the Woodland Point group had asked for a declaratory judgement and this
involved the City as the City does own property in the Woodland Point area. The issue could have
been handled through the previous mediation sessions.
Vince Forystek, 1672 Finch Lane. He stated the LMCD should televise their meetings.
Councilmember Ahrens agreed. The Council will ask the City's representative to convey to the LMCD
to televise their meetings.
Craig Jacks, 1575 Eagle Lane. He stated he was a late comer in the Woodland Point case. He felt
that if the City did not act wisely and quickly, there would be a division in the neighborhood.
445
Mound City Council Minutes - September 9, 1997
1.8
PERMIT FOR JAYCEES'S ALUMNI DANCE
MOTION by Hanus, seconded by Ahrens to approve a dance permit, set up permit
and beer permit for the Jaycees for the Homecoming Dance to be held on Friday,
October 3, pending proper documentation being received, i.e. insurance. The
motion carried unanimously.
1.9 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT,
There were none.
1.10 UPDATE ON SUMP PUMP INSPECTION PROGRAM.
City Manager Ed Shukle stated the City is undergoing a sump pump inspection program in the effort
to discontinue the discharge of storm water into the sanitary system. Some people have not responded
to the letters mailed regarding inspections. The next phase of the plan, per the resolution of the
Council, is to place a $100 surcharge on water bills for those that have not responded.
Council consensus was to enforce this portion of the resolution, to add the surcharge of $100 to the
residents water bill, and to label the envelope so the recipient does not toss it out.
1.11 PRE.qENTATION OF 1998 PROPOSED BUDGET AND PRELIMINARY LEVY,
Mayor Polston moved, Ahrens seconded the following resolution:
RESOLUTION//97-86
RESOLUTION APPROVING THE 1998 PRELIMINARY GENERAL
FUND BUDGET IN THE AMOUNT OF $2,776,950; SETTING THE
PRELIMINARY LEVY AT $1,921,480 LESS THE HOMESTEAD
AGRICULTURAL CREDIT (HACA) OF $492,040, RESULTING IN
A PRELIMINARY CERTIFIED LEVY OF $1,429,440; APPROVING
THE PRELIMINARY OVERALL BUDGET FOR 1998; AND
SETTING PUBLIC HEARING DATES.
The vote unanimously passed.
1.12
RESOLUTION APPROVING A LEVY NOT TO EXCEED $24,000 FOR THE PURPOSE
OF DEFRAYING THE COST OF OPERATION, PURSUANT TQ THE PROVISIONS OF
MSA 469, OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF CITY OF
MOUND FOR THE YEAR 1998,
446
Mound City Cmmc{l Minutes -geptemher 9, 1997
Councilmember Jensen moved and Councilmember Hanus seconded the following resolution:
RESOLUTION #9%87
RESOLUTION APPROVING A LEVY NOT TO EXCEED $24,000
FOR THE PURPOSE OF DEFRAYING THE COST OF
OPERATION, PURSUANT TO THE PROVISIONS OF MSA 469,
OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF
THE CITY OF MOUND FOR THE YEAR 1998.
The resolution passed unanimously.
1.13
DISCUSSION: PROPOSED RESOLUTION #97- RE~qOLUTION REQUESTING
COUNTY ASSISTANCE IN THE OVERSIGHT OF THE MINNEHAHA CREEK
WATERSHED DISTRICT.
City Manager Ed Shukle reviewed this item. He stated there had been concern from other cities and
they had contacted the MCWD Steering Committee regarding the action of Minnehaha Creek
Watershed District. The Steering Committee is requesting the cities in the MCWD pass the resolution
and send the approved resolutions to Hennepin County. The resolution asks Hennepin County to
investigate the activities of the MCWD. The resolution was prepared by legal counsel for the city of
Richfield.
Councilmember Ahrens moved and Mayor Polston seconded the following resolution:
RESOLUTION #97-88
RESOLUTION REQUESTING COUNTY ASSISTANCE IN THE
OVERSIGHT OF THE MINNEHAHA CREEK WATERSHED
DISTRICT.
The resolution passed unanimously.
1.14
A.
B.
INFORMATION/MISCELLANEOUS:
DEPARTMENT HEAD MONTHLY REPORTS FOR AUGUST 1997.
LMCD REPRESENTATIVE'S MONTHLY REPORT FOR AUGUST 1997.
City Manager Ed Shukle stated the Mr. Reese's term expires the end of 1997. Mayor Polston
suggested that the next appointment to the LMCD should be a Councilmember.
DOCK AND COMMONS ADVISORY COMMISSION MINUTES OF AUGUST 21,
1997.
D. PLANNING COMMISSION MINUTES OF AUGUST 25, 1997.
447
Mound City Council Minutes - September 9, 1997
Ee
REMINDER: COMMITTEE OF THE WHOLE MEETING HAS BEEN
RESCHEDULED TO TUESDAY, SEPTEMBER 30, 1997, 7:30 P.M.
Fe
REMINDER: JOINT CITY COUNCILS' MEETING WITH MINNETRISTA,
MOUND AND THE WESTONKA SCHOOL BOARD IS SCHEDULED FOR
THURSDAY, SEPTEMBER 18, 1997, 7:00 P.M., MINNETRISTA CITY HALL
INVITATION FROM WESTONKA AREA CHAMBER OF COMMERCE RE:
ANNUAL BUSINESS PERSON OF THE YEAR AWARD DINNER SCHEDULED
FOR FRIDAY, SEPTEMBER 12, 1997 AT BURL OAKS GOLF CLUB. IF
INTERESTED IN ATTENDING, PLEASE CONTACT THE CHAMBER OF
COMMERCE TO REGISTER.
MOTION by Ahrens, seconded by Jensen and c~x4e~ unanimously to adjourn the
meeting at 10:05 pm. ~ ~_2/~A~ ~
Attest: ~/ ' Edward J. Shukle, City Manager
448
BILLS .......
-September 09, 1997
BATCH 7083 $ 80,459.31
BATCH 7084 85,226.71
Total Bills $165,686.02