1997-12-09MINUTES - MOUND CITY COUNCIL - DECEMBER 9, 1997
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session
on Tuesday, December 9, 1997, at 7:30 PM, in the Council Chambers at 5341 Maywood Road,
in said City.
Those present were: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz
Jensen and Leah Weycker. Also in attendance were: City Manager Edward J. Shukle, Jr.,
Police Chief Len Harrell, City Attorney John Dean, and City Clerk Fran Clark and the
following interested citizens: Mathew Simmons, Wilma Simmons, Michael Simmons, Ken
Persing, Maureen Leckland, Karen Cole, Germaine Persing, Beth Olson, Chelsie Olson, and
Ryan Olson.
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.
1.0
PRESENTATION OF COMMENDATION TO GERMAINE JOY PERSING FOR
HER LIFE-SAVING EFFQRTS IN ASSISTING A HEART ATTACK VICTIM.
The Police Chief related the background for the presentation of commendation to Germaine
Persing. He and the Mayor presented Ms. Persing with the plaque.
*CONSENT AGENDA:
Motion made by Ahrens, seconded by Hanus to approve the Consent Agenda as presented.
A roll call vote was unanimously in favor. Motion carried.
*1.1 APPROVE THE MINUTES OF THE NOVEMBER 18, 1997, REGIJLAR MEETING
MOTION
Ahreus, Hanus, unanimously.
'1.2
RESOLUTION NO. 9% RESOLUTION APPROVING A GAMBLING PERMIT
APPLICATION FOR THE NORTHWFST TONKA LIONS AT LAKE MINNETONICA
BOWL
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Mound City Council Minutes - December 9, 1997
Ahreus, Hanus, unanimously.
RESOLUTION #97-123
RESOLUTION APPROVING A GAMBLING PERMIT
APPLICATION FOR THE NORTHWEST TONKA LIONS
AT LAKE MINNETONKA BOWL
'1.3
APPROVAL OF AN ORDINANCE AME~ING SECTION 437:05. SUBDIVISION 7 OF
THE CITY CODE BY ADDING SUBSECTION BB THERETO RELATING TO SHARED
DOCKS. COMMONS DOCK PROGRAM
ORDINANCE g92-1997
AN ORDINANCE AMENDING SECTION
SUBDIVISION 7 OF THE CITY CODE BY
SUBSECTION BB THERETO RELATING TO
DOCKS, COMMONS DOCK PROGRAM
437:05,
ADDING
SHARED
Ahreus, Hanus, unanimously.
· 1.4 APPROVAL OF 1995 DOCK LOCATION MAP
MOTION
Ahrens, Hanus, unanimously.
.1.5 PAYME~ OF BILL$
MOTION
Ahrens, Hanus, unanimously.
1.6
CONTINUED PUBLIC HEARING: APPLICATION FOR CONDITIONAL US~,
PERMIT, ADDITION TQ SHIRLEY ltILD.q ELEMENTARY SCHOQL,
PUBLIC SCHOOLS.
The City Manager reported that this item has been continued since April because of the Task Force
Study on renovating the existing Westonka Community Center. The School District held a Special
Referendum Election on December 4, 1997, to authorize the issuance and sale of up to $7.7 million
dollars in bonds for this project. The result was positive with 819 voting yes to 615 voting no. Since
the passage of the referendum the City Council and the School Board need to meet to negotiate a Joint
Powers Agreement. Assuming this is finalized, this application becomes mute, but if for some reason
the Joint Powers Agreement doesn't come together, there is the possibility that this would come back
before the City Council at a later date. He has discussed this with the City Attorney and we have
several options as follows:
Continue this public hearing to a date certain; or
Set the item aside and deal with it as an application if it were to come back (this would
require publication of another public hearing notice but would not make the applicant
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Mound City Council Minutes - December P, 19~7
go through the entire application process again).
The School District is concerned if they were to have to come back and start all over.
The Council expressed concern about the fact that this particular application carded a rezoning based
upon a time certain that a Conditional Use Permit was to be issued. They did not feel comfortable
leaving that open because of setting a precedent for others who may come before the Council and ask
that a rezoning be left open.
The Council discussed acting on the issue before them and the fact that, at this time, there is no CUP
required.
The City Attorney asked if the Council wants him to draft a resolution denying the CUP that is before
them tonight and as part of that the Council could specify that if they need to come back to the Council
on this CUP issue in the future, the fees could be waived. The City Attorney pointed out that the
ordinance specifies that after a denial, the School District would have to walt 6 months to reapply and
that too could be waived. The Council asked that the City Attorney prepare the denial resolution based
on the discussion tonight and bring it back to the first meeting in January.
1.7
PUBLIC HEARING: CONSIDERATION OF THE INSTALLATION OF A
TRAFFIC SIGNAL AT THE INTERSECTION OF WILSltIRE BLVD. AND COUNTY
ROAD 15,
The City Manager explained that a petition for this traffic signal has now been received by the City
with 188 names. The City would be asking that Hennepin County conduct a feasibility study on the
installation of a signal. He explained that if a traffic signal were installed, the City would have to pay
about 75% of the total cost(100,000) or $75,000.
The Mayor opened the public hearing. There was no response. The Mayor closed the public hearing.
The Council discussed both intersections: 1. Wilshire and County Road 15; and
2. Cypress and County Rd. !5.
The Police Chief reported that there have been no accidents at the intersection of County Road 110 and
Three Points Blvd. since the traffic signal was installed there. He reported that there is actually a
higher volume of accidents at Wilshire and Cty. Rd. 15 than there was on Three Points and Cty. Rd.
110. He reported that when looking at Cypress and Cty. Rd. 15 there are over 50% of those accidents
that have injuries, some are pedestrian related, some is because there is a crosswalk and one car stops
and someone rear ends the stopped vehicle. He suggested looking at both intersections to determine
which intersection is more appropriate for a signal light. There have been 21 accidents at Wilshire
and Shoreline. There have been 15 at Cypress and Shoreline, 8 with injuries.
The Police Chief reported that, at this point, there are variables which make it hard to tell which
intersection would be the best for a signal light. (i.e., future use of the Balboa Building; and how
much traffic will be generated by ECFE.
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Mound City Council Minutes - December 9, 1997
The City Manager reported that there is no cost for the feasibility study by the County, and the City
is not obligated to install the light if the warrants are there to allow installation.
The Council asked that the County consider pedestrian safety as well as moving traffic through Mound
when the study is done.
Polston moved and Hanus seconded the following resolutiOn:
RESOLUTION #97-124
RESOLUTION REQUESTING HENNEPIN COUNTY TO
STUDY THE FEASIBILITY OF LOCATING A TRAFFIC
SIGNAL AT COUNTY ROAD 15 (SHORELINE DRIVE)
AND WILSHIRE BLVD. OR COUNTY ROAD 15
(SHORELINE DRIVE) AND CYPRESS LANE
The vote was unanimously in favor. Motion carried.
The Police Chief reported that he has been working through the Minnesota Chiefs of Police
Association with an initiative to the Legislature to try to get the pedestrian law changed to reflect the
school bus law where Police have a 4 hour window to tag people who violate the pedestrian crosswalk
law.
1.8 INFORMATION/MISCELLANEOUS:
A. Department Head Monthly Reports for November 1997.
Dock and Commons Advisory Commission Minutes
of November 20, 1997.
Information from Rule B Task Force of Minnehaha Creek Watershed District and
Announcement of Upcoming Meeting to Be Held on Monday, December 8, from 2:00
P.M. to 3:30 P.M. At the MCWD Offices in Navarre. Mayor Polston Is a Member of
this Task Force.
REMINDER: Annual Christmas Party, Sunday, December 14, 1997, Beginning at 5:30
P.M., American Legion. You Need to RSVP by December 9 to Jodi Rahn.
REMINDER: The photograph of the City Council is tentatively rescheduled for
Tuesday, February 24, 1998. Please confirm this date with me and I will schedule the
photographer.
F. REMINDER: HRA Meeting, 7 P.M., December 9, 1997, City Hall.
REMINDER: Truth in Taxation Hearing, Thursday, December 11, 1997, 7:30 P.M.,
City Hall. Continued Hearing is Scheduled for Thursday, December 18, 1997, if
needed. The Budget Can Actually Be Adopted at December 16, 1997 Regular Meeting.
58O
REMINDER: Second City Council Meeting in December Is Scheduled for Tuesday,
December 16, 1997, 7:30 P.M.
REMINDER: Minnehaha Creek Watershed District (MCWD) will be holding a Public
Hearing to discuss the Proposed Lake Langdon Restoration Project, Wednesday,
December 10, 1997, 6:30 P.M., Mound City Hall. Information on this Project is
attached.
The City Manager reported that the School District would like to set up a meeting with
the City Council, possibly before Christmas, to discuss the Joint Powers Agreement.
The Council suggested maybe an early morning meeting would work. The City
Manager to schedule a meeting possibly after the Thursday, December 11, 1997, Truth
in Taxation Meeting.
1.9 PLANNING COMMISSION ITEMS FROM PREVIOUS MEETING
The City Manager reported that he has received some information from the City Attorney on Truth
in Zoning and has contacted the City of Richfield about their scattered site acquisition program. The
City Manager and Loren Gordon have met with the Community Development representative of
Richfield and it sounds like something that could be presented to the Planning Commission. He has
arranged it so that the Richfield Community Development representative will meet with the Mound
Planning Commission on January 26, 1998, for a presentation. He urged the Council to attend also.
Richfield does this under their HRA. Mark Hanus, Council Rep. to the Planning Commission stated
they are very interested in this. He also asked if the City Attorney could attend a future meeting to
answer some legal questions that the Planning Commission has. This will be set up as soon as
possible.
1.10 EXECUTIVE SESSION: WOODLAND POINT SUMMONS.
The City Manager stated that Karen Cole is in attendance for an Executive Session with the Council
to discuss a proposed settlement offer in connection with the Woodland Point litigation.
Councilmember Weycker removed herself from the Council for this Executive Session.
The Council went into Executive Session at 8:15 P.M. The Council returned at 9:20 P.M.
The City Attorney stated that the Executive Session was for the Council to discuss possible settlement
proposals and future settlement discussions on the Woodland Point litigation. As a result of that
discussion, the City Council received information from its legal representative, Karen Cole. Direction
was given to the City's legal representative as to how to proceed in the settlement discussions.
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Mound City Council Minutes - December 9, 1997
MOTION made by Jensen, seconded by Weycker to adjourn at 9:25 P.M.
mmnlmously in favor. Motion carried.
The vote was
Attest: City Clerk
Shukle, Jr., City Manager
582
-DecemBer 09, 1997
BATCH 7113
$115,763.46
Total Bills
$115,763.46