1997-10-14Mound City Council Minute~ - October 14, 1997
MINUTES - MOUND CITY COUNCIL - OCTOBER 14, 1997
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session
on Tuesday, October 14, 1997, at 7:30 PM, in the Council Chambers at 5341 Maywood Road,
City.
Those present were: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, and
Leah Weycker. Councilmember Liz Jensen was absent and excused. Also in attendance were:
City Manager Edward I. Shukle, Jr., City Attorney John Dean, Building Official Ion Sutherland,
City Clerk Fran Clark, City Planner Loren Gordon and the following interested citizens:
The Mayor opened the meeting and welcomed the people in attendance. The Pledge of
Allegiance was recited.
*Consent Agenda: All items listed under the Conse~ Agenda. ar~ considered to be routine by
the Council and Will be enacted by a roll call vote. There will be ~ sepoxate discussion of these
items unless a Councilmember or Citizen so requests, in w~ich event the item will be removed
from the Consent Agenda and considered in normal sequence.
OPEN MI~G - 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 ~er the Consent Agenda has
been approved.
*1.0 CONSENT AGENDA:
The City Manager stated that he would like to add one item to the Conseat Agenda. It is the
Minutes from the October 23, 1997, Joint City Councils of Mound and Minnetrista and
Westonka Schools Meeting.
The City Clerk stated that the Public Hearing on Unpaid Mowing Charge should be deleted from
the Agenda because thc person paid the bill.
MOTION made by Hanus, seconded by Weycker to approve the Consent Agenda
as presented and amended. The vote was unanimouslY in favor. Motion carried.
*1.1 APPROVE THE MINUTF~q OF THE SEPTEMBER ~3. 1997 REG~
MOTION
Hanus, Weycker, unanimously.
496
'1.2
'1.3
~ City Council ldbmtet - October 14, 1997
APPROVE THE MINUTE~ OF THE SEPTEMBER 30. 1997. COMMiT~.I~. OF
MOTION
Hanus, Weycker, unanimously.
COUNCIL~' AND WESTONKA SCHOOL BOARD MI~.TING,
MOTION
JOINT CITY
*1.4
ltanus, Weycker, unanimou~y.
ADD-ON - APPROVE MINUTES OF THE OCTOBER 23. 1997. JOINT CITy
COUNCILS OF MOUND AND MINNETRISTA AND WE~TONKA SCHOOLS
MEE G.
MOTION
Hanus, Weycker, unanimously.
*1.5 APPROVAL OF CILM~GE ORDER NO. 1 - AUDITOR~ ROAD IMPRO~
PROJECT - DEMOLITION OF BUILDINGS - ASBF~qTOS REMOVAL. JME OF
MONTICELLO.
RESOLUTION ~97-98
RESOLUTION TO APPROVE CHANGE
ORDER #1, AUDITOR'S ROAD IMPRO~
PROJeCt - m INGS -
ASBESTOS REMOVAL, JME OF MONTICEIJO
Hanus, Weycker, unanimously.
.1.6 APPROVAL OF RESOLUTION AM~NDING ItF-gOLUTION ~87-16. ADDING
PARKING RESTRICTIONS IN THE PELICAN POINT SUBDIVISION.
RF3OLUTION g97-99
RESOLUTION AMF-NDING ~LUTION g87-16,
ADDING PARKING RESTRICTIONS IN THE
PEIICAN POINT SUBDIVISION
Hanus, Weycker, unanimously.
'1.7 PUBLIC LANDS PERMIT APPROVAL. RALPtl BAUER. 1774 I:W~RON ~
RESOLUTION g97-100
RF3OLUTION TO APPROVE A PUBLIC LANDS
ALTERATION PERMIT FOR MR. RALPH BAUER
AT 1774 HERON LANE, LOT 3, BLOCK 3, LINDEN
HEIGHTS ADDITION, PID #13-117-24 I1 000~
ltanus, Weycker, unanimously.
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Mound City Council Minutes - Ocsober 14, 1997
· 1.8 PAYMENT OF BILLS.
MOTION
Hanus, Weycker, ummimously.
PUBUC HEARINGS:
1.9 DELINOUENT UTILITY BILLS.
The City Clerk reported that the total as of today is $52,806.52.
The Mayor opened the public hearing. There was no response. The Mayor closed the public
hearing.
Ahrens moved and Hanus seconded the following resolution:
RESOLUTION NO. 97-101
~LUT!0N AD0~G ~
SEWER & WATER ASSESSMENT ROLL IN
· ouvr Or Ss ,s06.s2 TO SE
crx CouSTv wDrr0R
8% INTEREST. I.~VY #14120
The vote was unanimously in favor. Motion carried.
1.10 UNPAID TREE REMOVAL CHARGF~.
The Mayor opened the public hearing.
CHRIS PALM, 1772 LAFAYETTE LANE, addressed the Council about her unpaid
tree removal charges. She disagreed with the amount, did not feel she was treated
fairly, and did not feel the City should have been involved. She reviewed a letter she
had submitted earlier in the day relating to the charges.
The City Manager reviewed the staff report on _this hazardous tree removal. He further
explained that this tree removal was handled the same as any other hazardous tree
complaint.
The Mayor explained that the City merely reacted to a complaint about Ms. Palm's
hazardous tree.
After discussion the Council took the following action:
MOTION made by Ahrens, seconded by Weyeker to continue this Public Hearing
to October 28, 1997, to allow Ms. Palm to meet with the City Manager and the Park
Director regarding the removal of the hazardous tree. The vote was 3 in favor with Mayor
Polston votin~ nay. Motion carried. "
498
Mound City Council M~e~ - October 14~ 19~7
1.11 CENTRAL BUSINESS DISTRICT ¢CBD) PAIZKING PROGRAM,
The Mayor opened the public hearing. There was no response. The Mayor closed the public
hearing.
Ahrens moved and Weycker seconded the following resolution:
~.SOLUTION
~LUTION ADOPTING 1997 CBD PARKING
MAINTENANCE ASS~ ROLL IN ~
AMOUNT OF $9,534.49 TO BE CERTIFIF~D TO THE
COUNTY AUDITOR AT 8% INTEREST- LEVY
#14121
The vote was unanimously in favor. Motion carried.
1.12 SHERWOOD DRIVE IMPROVEMP~NT PROJECT.
The Mayor opened the public hearing. There was no response. The Mayor closed the public
hearing.
Weycker moved and I-Ianus seconded the following resolution:
RF_$OL~ON g97-103
The vote was unanimously in favor.
RESOLUTION ADOPTING 1997 SHERWOOD DRIVE
IMPROVFAVIENT ASSESSMENT ROLL IN THE
AMOUNT OF $45,402.41 TO BE CERTIFIFD TO ~
COUNTY AUDITOR AT 8% INTERF~T - LEVY
#14124
1.13
PUBLIC HEARING;
CONSIDERATION OF A CONDmONAL
PERMIT TO ALLOW FOR MODIFICATION OF
EXISTING RESTAURANT DESCRIBEr} AS
RENOVATION WITH ADDITIONAL 825 SO. FT. OF
BASEMENT STORAGE LOCATFX} WITHIN THF~
ZONING DISTRICT AT 5201 PIPER ROAD. LOTS J-
3. BLOCK 8 & LOTS 20-23. BLOCK 9. WHIPpLe._
PID 25-117-24 21 0156. P & Z 97-42. AL & AI.MA'S.
The Planner asked that the Council consider the variaace case #97-43 at the same time they
consider the CUP modification application. The Couacil agreed.
The Planner reported that the Planning Commission unanimously recommended approval of the
CUP and the variance request.
The Mayor open the Public Hearing.
499
STEVE.BEDELL, 4801 Shoreline Drive, s~ed that he i~ ~ot for or against ~ project; He
is for Al & ~'$~ He Smted he feels he lmd ~o go ~ a muah more lengthy process for
his than Al & Auna s has.
The Mayor closed the Public Hearing;
Hanus moved and Ahrens seconded the following resoi~;.
RESOLUTION ~P7-104
~LUTION TO APPROVE AN EXLqTING
CONDmONAL use PERMIT AL & ALMA'S
SUPP.F2i~ CLUB, LO~ 1-3, BLOCK 8, LOTS 20-i3,
BLOCK 9, wmpp~ Pm ~.Vll?-14 21 0156, pz
The vote was unanimously in favor. Mo6on carried.
1.14
CASE 97-43: SETBACK VARIANCE FOR' REMODEl.lNG. AL & AI~_A~
SUPPER CLUB. 5201 PIPER ROAD. LOTS 1-3. BLOCK 8. LOTS 20-23. BLOCK
9. WHIPPLE PID 13-117-24 41 O00S
Councilmember Hanus suggested the fo[lowing be changed in the proposed resolution:
The 6th Whereas to read as follows:
"~WI~REAS, ,the proposed variances would ~ ~ ~ Sethack along Piper Road by
~ ~ fi~t, and removln? an encroachment into th~. ri?h~-of, waY. and ~ decrease the
setback along Tuxedo Blvd. bY 3.5 feet, and;'
Councilmember Hanus also suggested deleting the existing column in the NOW, THEREFORE,
BE IT RESOLVED.
The City Planner slated he agreed tlut the suggested changes are the intent of Slaff
recommendations and what the Planning Commission intended.
Ahrcns moved and Hanus seconded the following resolution as amended above:
RESOLUTION g97- 105
~LUTION TO APPROVE A SETBACK
VARIANCE FOR REMODEI.ING, 5201 PIPER ROAD,
AL AND AI2V~'S SUPPER CLUB, LOTS 1-3, BLOCK
8, LOTS 20-23, BLOCK 9, WHIPPLE, PID 25-11%24
21 0156, PZ CASE g97-43
The vote was unaninm~y in favor. Motion carried.
5OO
1.15
PUBLIC HEARING:
CONSIDERATION oF A MAJOR SUBDIVISION OF
LAND. MUELLER/IANS~ING PROPERTW-~,
LOCATF WITHIN TItF, B-1 ZONING DISTRICT AT
2240 COMbiERCE BLVD/SHOI~ELINE DRIVE. pH~
13-117-24-;33 0073 & 13-117-24-;33 0041. P & Z 97'~;7.
The Mayor opened the Public Hearing.
MICHAEl. M~ULLER, ~910 Ridgewood Road, atated he is the applicant and son of one of
the owners of the property. Since he is the applicant and not the owner, he asked that some of
the language in the proposed resolution be changed as follows: "Both parcels must remain in
the same ownership." That would not mean in the same ownerslu'p as it is today, but that it
must remain in the same ownership. He is proposing the following language for items 1 and
2 of the proposed resolution:
The western portion remain under the same ownership as the eastern portion until such
time as the realignment of County Road 15 occurs or a saJe of the easterly property to
a governmental unit occurs or the building is removed.
A parking easement be placed on the western parcel to ensure its current function is
maintained. An access easement 60 feet in width extending from the front of the
building westerly from the north property line to the south property line to maintain
County dete~ the rerouting of County Road 15 indicates the removal of the building
on the eastern parcel or the removal of the building by other means, the easements shall
be removed from the property.
The Mayor dosed the Public Heating.
The Planner stated the suggested changes and intent are in keeping with Items 1 and 2 under
the Planning Commission's regom~on.
The City Attorney suggested that Item 1 read as follows:
1. "The western portion remain undex the same ownership as the eastern portion until such
time as the building is removed as a reault of the County Road 15 realignment or a sale
of the easterly property to a governmental unit occurs or the building is removed. ~
Item g2 to read as the Mr. Mueller has suggested.
The Council agreed to amending Items 1 and 2 in the proposed resolution.
Hanus moved and Ahrens seconded the following resolution as amended.
RESOLUTION g97-106
RESOLUTION TO APPROVE A MAJOR
SUBDIVISION FOR 2240 COMMFRCE BLVD., LOTS
40-41 INCLUSIVE, KOEHLF. R'S ADDITION TO
MOUND, PID 13-11%24-33 0073 & 13-11%24-33 0041,
P&Z CASE g97-37
The vote was unanimously in favor. Motion carried.
501
1.16
Mound City Council Minute~ - October 14, 1997
PUBLIC HEARING:
CONSIO O, 0N OF A C. ONOmONAL USg
PERMIT TO ALLOW FOR A PRINTING & COPy
SHOP LOCATgD ~ ~ B-1 ZONINCa
DISTRICT AT 2316 COMMI~RCE BLVD.. LOT 4.
29 3/10 Fr. S. OF LOT 4. PID 13=117-24 33 0047. P
& Z 97-44 - LARSON PRINTING
The Mayor opened the Public Hearing. There was no response. The Mayor closed the
Public Hearing.
Weycker moved and Hanus seconded the following resolution:
RESOLUT~N #97-107
]~-qOLUTION TO APPROVE A CONDmONAL
USE PERMIT TO ?.I.IOW A PRINTING BUSINESS
IN THE B-l, LARSON PRINTING, 2316
COMMFRCE BLVD., LOT 4, & SO. 29 3/10 FF~F~T
OF LOT 4, PID 13-117-24 33 0047, PZ CASE
The vote was unanimously in favor. Motion carried.
1.17
CASE 96-62: VARIANCE REOUEST. SCOTt & L1NDA MACK. 4657 ISLAND_
VIEW DRIVE. VARIANCE FOR A DETACHF~ GAR, AC.F,. I,t~T lS' BLOCK
1. DEVON. PID 30-117-23 22 0086.
The Building Official reported that this item was referred back to the Planning Commission
for additional comment. Staff prepared an additional memo with Council concerns that was
presented to the Planning Commission last night. The Planning Commission and staff are
recommending approval and the proposed resolu~ was handed out this evening.
Councilmember Hanus suggested the following language ch~gei
Only one elevated above grade deck with a variance of up to 10 feet and in no case
more than 10 feet where it does not meet tbe'50 foot setback.
e
It is determined that the live. ability of:the msideatial property will be improved by the
authorization of the following alteration to a nonconforming ~ ~mctu~ of the
property to afford the owners reasonable use of their land:
Reconstruction of a nonconforming decks and constriction of a conforming detached
garage.
The Council ask~ if the applicant agreed with the proposed resolution. The appncant sta ,
yes.
Weycker moved and Ahrens seconded the following resolution with the changes to Items 1
and 4:
502
Mound City Council Minutes - October 14, 19~7
RESOLUTION/~7-108
RESOLUTION TO APPROVE A LAKESHORE
SET AC C VAa ANC OaO a TO SUn-n A
CONFORMING DETA~ GARAGE AT
DEVO , u 00u, e&z CASE
The vote was unanimously in favor. Motion carried.
1.18 APPROVAL OF SETTLEMENT. RICHARD JOHNSON PROPERTY -
AUDITOR'S ROAD IMPROVEMENT PROJECT.
The City Manager explained the background. This parcel ended up being condemned for the
Auditor's Road Project. The Condemnation Panel awarded $56,800. The City's appraisal
was $34, 900 and was subsequently reduced to $33,000, due to 60% of the property being in
the wetland. The City Council reviewed this at the ~ meeting with legal counsel and
authorized the attorney to appeal the award because it was significantly higher than our
appraisal. In the meantime, the attorney representing the City on the condemnation
negotiated with the owner's attorney and they have arrived at $50,000 for a final price on the
property. The Attorney and City Manager are recom~ approval of the $50,000
payment for the property.
Alu'ens moved and Hanus seconded the following resolu~:
~LUTION/97-109
RESOLUTION AUTHO~G THE CITY
MANAGER TO KXF, CUT~ A STIPULATION OF
SETTLEMENT ON ~ RICHARD JOHNSON
PROPERTY AND PAY $54},000 FOR THE SUKIF~T
PROPERTY - AUDITOR'S ROAD IMPROVEMFNT
PROJECT
The vote was unanimously in favor. Motion carded.
1.19 APPO~ OF LMCD RF~Pl~-~;ENTATIVE FOR ONE YEAR TERM
BEGINNING 1/1/98.
The City Manager explained that Mr. Reese's term expire~ at the end of this year, December
31, 1997. The appointment would be for a 1 year term beginning January 1, 1998. After
this one year term, it will go back to a three year term to coincide with other three year
terms on the Board. Mr. Reese has indicated that he would serve this one year term if the
Council wished or he would be available to aid in the lransition if the Council would like to
appoint someone else. At the September COW meeting there was discussion about having an
elected official represent the City of Mound on the LMCD.
The Council commended Mr. Reese for being an outstanding member of the LMCD and
representing the City of Mound. They further thanked him for the years he has sen/ed so
admirably.
503
Mound C~y Com~ ~isa~ ~ Octob~ i4, 19~?
Polston moved and Hanus seconded the following re,~mion:
RESOLUTION/97-110
~LUTION TO APPOINT ANDREA AHRENS AS
MOUND'S gF~PRESF2~ATIVE TO THE L.M.C.D.
FOR A ONE YEAR TERM, BEGINNING JANUARY
1, 1998
The vote was 2 in'favor, with Ahrens abstaining aand Weycker voting nay. Motion carried.
1.20 RESCHEDULE NOVEMBER 1L 1997, REG~ CITy COLr~ClL
The City Manag~ stated the Council nee~ to re,w, hedule the November 11, 1997, City
Council Meeting because it is a legal holiday (Vete, ra~ Day). He ~,g~ either
November 12 or November 18, 1997. After discusaion, the Council Wok the following
action:
MOTION made by Ahrens, seconded by Poiston to resch ~edule the November 11,
1997, aeauar ,Meet November lS, ae meet
that was scheduled for November 25, 1997. The vote was mmnimously in favor.
Motion carried.
The City Manager statedthat there will be a City Council pho~ taken at 6:30 P.M.,
November 18, 1997, before the I-IRA Meeting.
COMMENTS AND SUGGF~qTIONS FROM CITIZENS PRF-qENT.
Mike Mueller encouraged the Council to do more promotion on the downtown redevelopment
so people know it is moving forward.
1.21 INFORMATION/MISCELLANEOUS: ,
A. Department Head Monthly Reports for September 1997.
LMCD Repr~tafive's Monthly Report for ~ 1997. Tom Reese appeared
at the September 30, 1997 Committee of the Whole Meeting so you can refer to your
notes from that meeting regarding topics of interest at the LMCD.
Cm
Let~r with enclosures dated September 2.5, 1997 from Repre,~tative Steve Smith on
emergency funding for the HRA
Announcement from the Steering Committee looking at the management of the
Minnehaha Creek Watershed District 0VICWD), of which I am a member, notifying
cities within the MCWD, of the need for names for possible appointnmnt to fill two
positions on the Board of Managers. The Steering Committee is looking to have a list
of names submitted to the Hennepin County Board for po~ible appoin~t to replace
Woodrow Love aud Monica Gross. The Steering Committee believes this is a very
important process since the attitude on the Board of Managers needs to be changed
and what better way to do this than to repl~,,e the current members who are up for
appointment next March. The timetable for repot is such that we need to
5O4
Mound City Council Minutes - October 14, 1997
subnfit names to thc Board before ~ end of thc year. ~ Steering Comm~Uec wants
to be active in thc process aad is ~ at conducting interviews of potential
candidates. We can either submit names and/or send a leUer to the Steering
Committ~ ~ supporting the Steering CommiUee as the coordinator/endorsement body
for thc MCWD ~ud~ns. What do you think? Please give ~s consideration for
some discussion Tuesday evening.
The City Manager
have the following
* Knowledge
impacts.
* Knowledge
* Knowledge
* Knowledge
explained
qualities:
of and/or
that thc Steering Committee recommends that nominees
interest in surface water environmental and flooding
or l bnc ing.
of and/or past experience in local government.
of and/or l~JSt experience in land development.
Ee
Material for the next meeting of the Suburban Rate Authority (SRA). Councilmember
Hanus is the City's delegate to the SRA.
Pe
REMINDER; Next Joint City Councils' and Westonka School Board Meeting is
scheduled for Monday. October 13. 1997. 7 A.M.. MOUND CITY HALL. We will
be discussing issues surrounding the proposed referendum, elements of a joint powers
agreement and educational campaign issues touched upon at the last meeting.
The City Manager ~ that there will be another meeting on Monday, October 20,
1997, 7 A.M., Mound City Hall, to discuss the infornmfionai piece that will be used for
~ brochure on the referendum on the Westonlm Community Center. He stated he spoke
with Senator Oeo Olson and she will look over the information from the bond counsel's on the
waiver of that law.
Ho
REMINDER: Committee of the Whole Meeting is rescheduled from October 21 to
October 20, 7:30 P.M., City Hall. Single Item Agenda - Proposed Budget for 1998.
Please remember to Bring your Budgets with you to the Meeting.
The demolition of properties for the new Auditor's Road will begin on Monday, October
20, 1997, 9 A.M. at the site. We are scheduling a "demo breaking" for that time and
ask that you appear for the brief ceremony and picture. Please mark your calendars for
this important event as it is the formal beginning of the implementation of the Mound
Visions Program. Please note that the asbestos removal portion of the project will begin
on October 16 and will be completed by October 23. The demolition contractor will
demolish each building in the order that the asbestos is removed. The demolition will
be completed by November 1, 1997.
~ HRA Board Meeting, Tuesday, October 14, 7 p.m., Mound City
Hall.
I finally reactmd a ~tative of Toro who could answer ~ questions regarding
whether their decision is final on leaving Mound. The decision is final and is based upon
manufacturing. I offered to bring State, City and County officials in to meet with
officials of Toro, but the representative said there is nothing that can be done at this
point. Toro is making every effort to place displaced employees with the Toro Company
or other companies who perform this type of manufacturing work.
505
Le
No
Mound City Couadl Mlme~es - Oaober 14, 1997
Response to the Woodland Point Sum~mons. is ~. This was sent to the ~ .a!Iorneys
representing thc ,petitiOners by the ~ 3, 1997, due date. The City Manager
reported that the i League . of Mianesota Citi~ _Insurance ~rust will be representing the
City in its ~de,fense of its ~tion.
Notice from the MCWD of the next Rule B Task Force Meeting, scheduled
for Tuesday, October 21, 1997, 1:00 - 3:30 P.M., Minneton~ Community Center,
14600 ldinnetonklt Blvd. Mayor Polston is a member of this committee.
The City Manager informed t~e Council that there will be a tree planted in the
Centendew Beach area to honor Frank Weiland who has in excess of 25 years of service
as a member of the Planning Commission. There will be a formal presentation ceremony
on Saturday, October 25, at 11:00 A.M. A plaque will be placed beside the tree, noting
this honor.
The City Manager stated that the School District has called for a Special Election for
December 4, 1997, and approved the question to be placed on tbe ballot.
MOTION nmde by Ahrens, seconded by P .oiston to adjourn at 9:20 P.M. The vote
was unanimously in favor. Motion carried.
Attest: City Clerk
Shuld¢, Ir.,
5O6
BILLS
.October 14, 1997
BATCH 7093 $ 93,650.65
BATCH 7094 250,347.39
Total Bills $343,998.04