1997-09-23MINUTES - MOUND CITY COUNCIL SEFFEMBER 23, 1997
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session
on Tuesda. Y; Septmber 23, 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 Potston was absent and excused. Also in attendance were: City
Manager Edward J. Shukle, Jr., City Attorney John Dean, City Engineer John Cameron, and
the follow'rog interested citizens: Tom Kelly, Linda and ScoR Mack, Rita Pederson, Carol
Pomeroy; Mike Pomeroy, Tom Reese, Amy Reese, ]im Krenik, Richard Meyer, Connie Meyer,
Lorrie Ham,, PaRy Guttormson, Tom Stueve, John Beise, Kristin Hage, Olen Pederson, Cathy
Bailey and Don Pedersen.
The Acting 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.
1.0
PRESENTATION OF CERTIFICATE OF RECOGNrrION TO
PATFY GUTrORMSON
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.
*1.1 CONSENT AGENDA:
The following items were removed from the Consent Agenda to be taken indivdually: *B, *C.c.
and
*]~.
The Council added the following on to the Consent Agenda:
*Payment Request - Buffalo Bituminous, Sherwood Drive Improvement Project.
*Set Bid Opening for Central Business District (CBD) Snow Removal - (Suggested Date:
October 15, 1997.
MOTION made by Jeusen, seconded by Weycker to approve the Consent Agenda
as amended. The vote was unanimously in favor. Motion carried.
464
'1.2
APPROVE THE MZNUTES OF THE $~F~ 9. 1997. REGULAR M~ET~G
MOTION
Jensen~ Weyeker~ unanimously.
'1.3 APPROVE MINWFF~ OF THE JOINT MOUND MINNETRISTA CITY
COUNCILS' MEETING WITH WESTONKA SCHOOL BOARD OF S~ER
18. 1997.
MOTION
Jensen, Weycker, unanimously.
SET PUBLIC HEARINGS: (SUGGESTED DATE FOR THE FOLLOWING PUBLIC
HEARINGS:OCTOBER 14, 1997)
'1.4 SPECIAL ASSESSMENT PUBLIC HEARINGS:
a. DELINOUENT UTILITY BILLS UNPAID MOWING CHARGF~q
UNPAID TREE REMOVAL CHARGES
MOTION
Jensen, Weycker, unanimously.
'1.5 b.
CENTRAL BUSINESS DISTRICT PARKING PROGRAM PUBLIC
HEARING
MOTION
Jensen, Weyeker, unanimously.
*1.6
SET PUBLIC HEARING: MAJOR SUBDIVISION. M. E.
MUELLER. 2240 COMMF~RCE BLVD.. LOTS 4041 INCLUSIVI~,,
KOEHLER'S ADDITION TO MOUND. PID 13-117-24 33 0073 & 13-
117-24 33 0041
MOTION
Jensen, Weycker, unanimously.
September 23, 1997- Hound City Council Minutes
· 1.7 SET PUBLIC HEARING: CONDITONAL USE PERMIT. AL ~
ALMA'S SUPPER CLUB. 5201 PIPER 0RA1). LOTS 1-3. BLOCK
8. LOTS 2~23. BLOCK 9. WHIPPLE, PID g25-117-24 21 0156
MOTION
Jensen, Weycker, unanimously.
'1.8
SET PUBLIC HEARING: CONDITIONAL USE PERMIT. LARSO~q
PRINTING. 2316 COMMERCE BLVD.. LOT 4. SOUTH 29 3/10 FT
OF LOT 4, MCNAUGHT'S ADDITION TO MOUND. PID 13-117-24
33 0047
MOTION
Jensen, Weycker, unanimously.
'1.9 AFtER-THE-FACT PUBLIC LAND PERMIT. TOM STUEVE. 1737 CANARy
RESOLUTION//97-89
RESOLUTION TO APPROVE AN AFFER-THF-FACT
PUBLIC LANDS PERMIT FOR DOCK SITE #13300,
WIOTA COMMON, FOR TOM STUEVE, 1737
CANARY LANE
Jensen, Weycker, mmnlmously.
*1.10 RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE
A SATISFACTION OF MORTGAGE FOR KOENIG & SCHWERT. 2305
~LUTION P)7-90
~LUTION AUTHOI~IZING MAYOR AND CITY
MANAGER TO EXECUTE A SATISFACTION OF
MORTGAGE FOR KOENIG & SCHWERT,
2305 COMMERCE BLVD
Jensen, Weycker, unanimously.
466
5epumber 23, 1997- Mound City Council Mtnut~
RESOLUTION AUTHORIZING CITY MANAGER OR FINANCE DIRECTOR TO
EXECUTE AND SIGN SUB-GRANT AGREEMENTS AND AMENDMENT~ ON
BEHALF OF THE CITY OF MOUNI)
*1.11
(Dfis is required by FEMA (Federal Emergency Management Ac0 with regard to expenses
incurred due to the July 17, 1997, storm damage.)
RESOLUTION ~97-91
Jensen, Weycker, unanimously.
RESOLUTION AUTHORIZING CITY MANAGER OR
FINANCE DIRECTOR TO EXECUTE AND SIGN
SUB-GRANT AGREEMENTS AND AMie~NDMENTS
ON BEHALF OF THE CITY OF MOUND
.1.12 RESOLUTION APPROVING REOU~T FOR STREET LIGHT FOR DUNDEE
PARK
RESOLUTION ~97-92
RESOLUTION APPROVING REQUF~T FOR STREET
LIGHT FOR DUNDEE PARK
Jensen, Weycker, unanhnously.
'1.13 PAYMENT OF BILLS
MOTION
Jensen, Weycker, unanimously.
The following items were pulled from the Consent Agenda and taken separately:
1.14 CASE g9'/-40: SETBACK VARIANCE FOR DECK. TOM KELLy. 17~3 GULL
LANE. LOT 9. BLOCK 14. DREAMWOOD. PID 13-117-24 13 0016
Councilmemher Jensen raised a question regarding the intensity of the property and its
relationship to the proposed variance for a deck. She questioned why a variance was even being
considered due to this size of the property.
Councilmember Hanus stated that he believed that other issues were being resolved with an
approval of the variance.
City Attorney John Dean was asked his opinion of the issue. He stated that the site was both
unique and unusual and it may be a good idea to illustrate the lot size and hard cover issues as
being unique which would he a good idea in terms of any action on this matter particularly for
future reference.
467
September 23, 1997- Mound City Council Minutes
Councilmember Jensen then suggested that under the fourth "Whereas" of the proposed
Resolution that after the word "criteria," the following could be added: "including minimum lot
size, maximum allowable hard cover and setbacks detailed in the planning report." Further
language i.e., ~proposed deck is reasonable and is being placed on the side of the house to
minimize some encroachment."
Jensen moved and Hanus seconded the following resolution as amended above:
RESOLUTION #97-93
RESOLUTION APPROVING A SETBACK VARIANCE
FOR DECK, TOM KELLy, 1733 GULL LANE', LOT
9, BLOCK 14, DREAMWOOD, PID 13-117-24 13
0016, CASE g97-40
The vote was unanimously in favor. Motion carried.
1AS SET PUBLIC HEARING: SFWRWOOD DRIVE IMPROVEMENT PROJECT
(SUGGESTED DATE: OCTOBER 14. 199'D
City Manager Ed Shukle provided background information regarding this matter.
John Cameron, City Engineer, provided some information relating to the upcoming assessment
hearing to be held on October 14, 1997 regarding the Sherw~ Drive Improvement. Mr.
Cameron indicated that the project came in over the proposed assessment and suggested that the
City consider participating in the project to offset the increased costs from the proposed
assessment. He stated that some problems occurred related to the quantities of material needed
for the project due to bad softs in the area particularly in the cul de sac. Construction cost
ended up about $3,000 over what the contract amount was, In addition, other costs such as
legal, engineering and administrative costs ended up over what was estimated earlier. This
amounted to $3,000 to $4,000 over what was anticipated. Total overruns came to $6,000 to
$7,000 over what was expected. Due to this fact, Mr. Cameron asked the Council to consider
allowing the City to become a participant. He showed two different options-Option A indicates
no participation while Option B proposed a City participation amount of 10%. The City Council
agreed to Option B.
Jensen moved alld Ha/lu~ seconded the following resolution:
RESOLUTION/n97-94
RESOLUTION TO DECLARE COST TO BE
ASSESSED AND ORDERING PREPARATION OF
PROPOSRn ASSESSMENT FOR THE SHERWOOD
DRIVE RECONSTRUCTION PROJECT USING
OPTION B
The vote was unanimously in favor. Motion carried.
468
qq~e vote was unanimously in favor.
1.16
JAMES KRENtK "AF'FER THE FACT" VARIANCE RE0_U~-qT 5240
ROAD. ORDINANCE AMENDING SECTION 4;37 OF ~ CITY CODE
RELATING TO DOCKS BY ADDING SECTION 437:16. EXCEPTION.q
Councilmember Jenson questioned the proposed amendment language regarding "The City Code"
granting exceptions rather than the "City Council." It appears that the ordinance amendment
requires city code to be changed to City Council.
Hanus moved and Weycker seconded the following:
ORDINANCE #89-199'/
ORDINANCE AMENDING SECTION 437 OF THE
CITY CODE REPLATING TO DOCKS BY ADDING
SECTION 437:16 EXCEPTIONS AS AMENDED
The vote was unanimously in favor. Motion carried.
1.17 CONTINUED PUBLIC HEARING: PROPOS~.~ ADDmON TO SHH~I.Ey HHJ.~
ELEME~Y SCHOOL. WK~TO~ PUBUC SCHOOI-q. {THIS HEARING
SHOULD BE CONTINUED UNTIL DECEMBER 9. 1997. DUE TO PROPOSEF~
REFERENDUM ON RENOVATION OF THE WESTONKA COMMUNITY
CENTERJ
City Manager Ed Shulde explained that it appears that a referendum will be scheduled for
December 4, 1997 regarding the renovation of the existing Westonka Community Center and,
therefore, it would make sense to continue the public hearing on the proposed addition to Shirley
Hills to Tuesday, December 9, 1997.
MOTION by Hanus, seconded by Jensen to continue the public hearing to December
9, 1997. The vote was unanimously in favor. Motion carried.
1.18
PUBLIC HEARING~- REVIEW OF CONDITIONAL USE PERMIT. MEYER'$
MOUND SERVICE. 2610 COMMERCE BLVD. LOTS 1-3. & ~
49. BLOCK 9. PID 23-117-24 14 0043 & 0050
Loren Gordon, Assistant City Planner presented the staff report on this matter. Gordon
explained that this Conditional Use Permit is before the Council due to the fact that it stated in
the permit that a review of the permit would take place one year after its issuance. Gordon
explained the issues of the permit tba_.t were not being followed. He stated that the Planning
1997- Mou~l Cit~ ~ouncil Minutes
Councilmember Hanus stated that he believed that items fi5 and #6 appeared to be duplicated in
the proposed resolution.
Councilmember Jensen suggested that items #3 and #4 of the resolution were unnecessary.
Acting Mayor Ahrens opened the public hearing. She asked if anyone wished to be heard in
favor or against the proposed permit.
Tom Reese, 5641 Bartlett Blvd., was concerned about the timing on the improvements that need.
to be made and that are proposed in the permit. He emphasized that the owner needs to be held
to a date certain regarding these improvements.
Dick Meyer, Meyer's Service, stated that he is trying to make his property better. He listed
various reasons why the improvements proposed haven't been completed. Meyer said he is
trying his best. He is concerned about the parking restriction that is in the permit. He said
there are issues beyond his control in this regard.
Connie Meyer, Meyer's Service, explained why cars are being parked on the Bartlett Blvd. side
of the property. She stated that parking is needed in front of the building. She gave examples
of other properties in Mound that are able to park in front of their buildings. She also discussed
the fees that were paid towards the conditional use permit process. Mrs. Meyer explained that
the permit should be revised to allow parking in front of the building.
Councilmember Hanus explained that the parking restriction refers only to overnight parking.
Tom Reese stated that the intersection at Bartlett Blvd. and Commerce Blvd. is dangerous due
to the parking of vehicles.
Dick Meyer commented further on the parking issue. He further defended that parking is not
a problem on the Bartlett Blvd. side of the buildi~ or where the gasoline pumps were formerly
located.
Councilmember Hanus asked about the primary problem regarding the parking problem. Dick
Meyer explained that some customers will drop off vehicles late in the evening and thus they are
there overnight. Hanus asked about locating signs on the property indicating no parking
overnight. Meyer explained that signs are ignored. Meyer continued to state that parking
should be allowed on his property and should not be restricted.
Councilmember Jensen was concerned about the number of vehicles being parked on the
property. Allowing this gives persons the idea that this area is a used car lot. She discussed
other properties in Mound who do have parking restrictions and restrictions on the number of
vehicles parked on the properties.
Jensen moved and Hanus seconded the following resolution:
470
September ~, 1997- Mound C~y Council Minute~
~LUTION
~LUTION TO APPROVE AN EXTENSION OF
RESOLUTION 96-69, FOR k CONDITIONAL USE
PERMIT TO M-IOW k MINOR AUTO RF~PAIR
BUSINESS FOR MEYERS MOUND SERVICE
LOCATED IN THE B-1 CENTRAL BUSINESS
DISTRICT, LOTS 1, 2, 3 & Sl/2 OF 47, 48, 49,
BLOCK 9, PID'S 23-11%24 14 0043 & 0050 AS
The vote was unanimously in favor. Motion carried.
Councilmember Hanus indicated that it is not his intention to be reviewing conditional use
permits year after year on a regular basis. Once issues are cleared up, it would be his inteation
to remove the annual review provision from the permit.
1.19
CASE /~)6-62: VARIANCE REOUEqT. SCOTT AND %.~NDA MACK. 4657
ISLAND VIEW DRIVE. VARIANCE FOR A DETACH~D GARAGE. LOT 15,
BLOCK 1. DEVON. PI]) 30-117-23 22 008_6
Loren Gordon provided a staff report. He indicated that ScoR and Linda Mack are proposing to
build a detached garage. He pointed out various issues related to the variance that were
conditions to receiving variance approval.
$ohn Cameron indicated that he reviewed, with the Public Works Superintendent, storm sewer
issues which included thc outlet at the lake and the ca~ch basin in Island View Drive. The
capability of the catch basin was discussed and the need for it to be monitored for cleaning.
Cameron mentioned that there are erosion control measure~ that could be taken but there would
be costs related to those measm~ and the question a~ to who would pay for these improvements.
Cameron believes that the garage could be constructed and won't cause any additional problems
and said the storm sewer system will likely handle most storms but if a major rainfall occurs,
the catch basin and the outlet may not he able to handle the rain particularly if the system is
undersized. At this point in time, he did not know the actual size of the storm sewer and
cannot make a judgment on the system.
There is uncertainty as to whether the storm sewer pipe is in the easement area.
Councilmember Hanus asked the Planner about the new portion of deck requested and why this
request has not been brought before the Phnning Commission previously.
The City Attorney stated that his recom~ would be to deal with the deck which is
before the City Council and that the Council not deal with the new portion of the deck as part
of the action before them this evening.
Hanus stated his concern regarding a fence in the easement area and the maintenance of the
stormwater pipe that runs down the one side of the property.
471
September 25, 1997- Mound City Council Minute~
More discussion waS held on the possible location of the storm sewer pipe.
It appears that there is not enough information to make a decision on this ,aPplication
at
this
time. '~
Scott Mack, applicant, stated that the fence on the easement was approved and he received a
permit for the fence. Hanus stated that there were two different fences, one that was remo~rable
and one was more permanent. Mack stated that Ion Sutherland, BUjJ' ding Official, had 'the
opinion that the new portion of the deck was allowable since the Planning CommiSsion
recommended that the deck had already been approved by the Commission wi,ich said that the
deck could be located 10' into the 50' setback and staying off the encroachments of the other
easements.
Acting Mayor Ahrens explained the City's concern regarding the easement in relationship to a
garage being located on the easement and that if the City needed to dig up the storm sewer pipe,
it would affect the floor of the garage since it would have to be torn up.
John Cameron suggested that Mark Gronberg, surveyor for Mr. Mack, attempt to locate the
storm sewer pipe and place it on the survey.
Hanus expressed his concern over the storm sewer and the drainage. He wants to be
comfortable with the solution regarding the diverting of the stormwater.
Ahrens expressed concern regarding the hardcover calculations since it appears the hardcover
is in excess of 40%. Gordon explained that the permit cannot be issued if the hardcover is more
than 40%. Ahrens stated that more hardcover is going to increase the drainage issues.
Hanus suggested that staff establish where the storm sewer pipe is located. He also asked that
an easement be established to service that pipe. In addition, the matter should be sent back to
Planning Commission regarding the storm sewer pipe, the ea._~ment and the new deck issues.
Further, right of way should be investigated in the area of the catch basin to reduce the drainage
problem. The Planning Commission will probably need to review the zoning ordinance and
fences as it relates to this matter.
MOTION rode by Hanus, seconded by Jensen to follow Mr. Hanus' suggestions so
that the Planning Commission can hear the matter on October 13, 1997 and that the
matter could be turned over to the City Council at the October 14, 1997 regular
meeting. The vote was unanimously in favor. Motion carried.
COMME~ AND SUGGESTIONS FROM CITIZENS PRF_fiENT.
There were no comments and suggestions.
At this point a five minute break was taken.
Acting Mayor Ahrens asked the City Manager to explain the need for an Executive Session
related to a condemnation action regarding the Richard Johnson property and the response to the
Woodland Point Summons.
472
Councilmcmher Wcyckcr in&cat~ she would not pardcip~tc in thc W(xxfland Point Summons
~ Cmmcfl then wm]t htto cxccud~c scss~m on the, se ma~rs.
EXECUTIVE SESSION:
1.20 CONDEMNATION AWARD - RICHARD JOHNSON PROPERTY (AUDITOR'S
ROAD IMPROVEMI~NT PROJECT).
The Council reconvened the regular meeting within a short period of time.
Ed Shukle indicated that Bob Lindall, Kennedy and Graven, met with the City Council in
executive session. He reviewed the outcome of the Condemnation award and recommended that
the City file an appeal in District Court. The Council agreed to do so.
MOTION made by Hanus, seconded by Weycker to authorize the City AttorneY to
file an appeal and to report back at the next City Council meeting with any new
information. The vote was unanimously in favor. Motion carried.
1.21 RESPONSE TO WOODLAND POINT SUMMONS;,
Attorney John Dean indicated that a draft of a r~ was reviewed in executive session
regarding the Woodland Point Summons and that suggestions were made as to modifications
to the draft. Modifications would be incorporated into the draft prior to submittal on October
3, 1997 which is the date that the response was due. Upon the filing of the document, it will be
made public and will be available to members of the public.
1.22 RESOLUTION SUPPORTING A REFERE~UM ON THE PROPOSED
RENOVATION OF WESTONKA COMMUNITY CENTg3R
Ed Shukle, City Manager presented the background on this matter. He reviewed the work of
the joint committee represen~g the cities of Minnetrista and Mound and the Westonka School
Board.
He indicated that a preliminary design and cost estimate were develoinxi on the renovation of
the existing Westonka Community Ceater. He explained that a professional survey was
conducted to gauge the level of interest in the area regarding a possible referendum and he stated
that a positive response resulted. He explained that the resolution before the Council was to
formally accept the results of the survey as presented by Decision Resources, Inc., and to
support a referendum on the proposed renovation of Westonka Community Center in conjunction
with the City of Minnetrista and the Westonka School Board. In addition, the Council would
he supporting a promotional and marketing campaign to educate the public on the proposed
project and head towards the referendum.
473
~eptember 23, 1997- Mound City Coutwil Minutes
Jensen moved and Hanus seconded the following resolution:
RESOL~ON/97-9'/
,RF. S OLUTION ACCEPTING THF~ RES~ OF A
SURVEY pFI~O7~ By DECiSiON ~UR.~CES,
INC., AND SUPPORTING A RI~.lrERENDUM TO
OBTAIN ~O~ ~.PPROVAL IN ~ ~T0sr, A
SCHooL DISTRICT POR ~m ~-RPOS~ 0~
R~OVA~a rm~ W~s~~ co~
c~ ANO WORKINO wrm Tm~ crrY oF
MINNETRISTA AND THE WESTONKA SCHOOL
· OARO TO JOINTLY PROMO~ A~O MAR~T A
RF. FERENDUM TO ACCOMPLI.qH sucH A
PROJECT
The vote was unanimously in favor. Motion carried.
1.23 DISCUSSION: 612 AREA CODE CHANGES
Ed Shukle, City Manager presented the background on this item. The City Council had asked
for input from the Economic Development Commission. The EDC had no input on how to
respond.
The City Council did not like the overlay proposal c ~urrently under review by the Minnesota
Public utilities Commission. They prefer the geographical approach as opposed to the overlay
approach,
The City Manager will communicate the Council's diSCusmion to the Suburban Rate Authority
(SRA).
INFORMATION & MISCELLANEOUS
A. Park & Open Space Commission Minutes of September 11, 1997.
B. Planning Commission Minutes of September 8, 1997.
C. Economic Development Commission Minutes of August 21, 1997.
D. Financial Report for August 1997, as prepared by Gino Businaro, Finance Director.
Notice of Rule B Task Force Meeting for Mayor Polston which is scheduled to Tuesday,
September 23, 1997, 3:30 P.M. to 5:00 P.M. at MCWD Offices.
Congressman Jim Ramstad will be holding a Town Meeting,
Monday, September 22, 1997, at Mound City Hall, 7:00 P.M. to
8:00 P.M.
Committee of the Whole Meeting, Tuesday, September 30, 1997,
7:30 P.M., City Hall.
474
1997 - Mou~l C~ Cou~il Minut~
Ho
Notice of Meeting with State Board of Innovation & Cooperation, Monday, September
28, 1997, Shorewood City Hall, 7:00 P.M. to 9:00 P.M.
I. Note regarding donation to Sorbo Park by Kathy Arbogast
Letter from Toro RE: Closing of Mound facility. I have left messages with Toro
~tatives, Senator Gert Olson and Commissioner Penny Steele. I don't know if
there is anything we can do, but I thought we should try to see if the State, County or
City should intervene in some way. I will keep you posted.
MOTION ma.de by Jensen, seconded by W~yck~r/to adjou~ at 11:45 P.M. The
~/~/~a~ J. Shuk~, ir., City Manag' ~r'
Attest: City Clerk
475
BILLS
--September 23, 1997
BATCH 7092
Total Bills
$141,596.04
$141,596.04