2000-03-14MINUTES - CITY COUNCIL -MARCH 14, 2000
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session
on Tuesday, March 14, 2000, at 7:30 P.M., in the Council Chambers at 5341 Maywood
Road, in said City.
Those present were: Councilmembers: Andrea Ahrens, Bob Brown, Mark Hanus and Leah
Weycker. Absent and excused: Mayor Pat Meisel. Also in attendance were City Attorney
John Dean, Acting City Manager Fran Clark, Building Official Jon Sutherland, Finance
Director Gino Businaro, and Secretary Sue McCulloch. The following interested citizens
were also present: Marshall Anderson, Carl A. Bennetsen, Wayne Ehlebracht, Jerry
Krauther, Blair Lindemyer, Peter Meyer, Mark Ortner, Frank Weiland, and Linda Star.
*Consent Agenda: Ail 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.
OPEN MEETING - PLEDGE OF ALLEGIANCE
Acting Mayor Hanus opened the meeting at 7:33 P.M. and welcomed the people in
attendance and explained the Agenda and Consent Agenda and its process. The pledge of
allegiance was recited.
APPROVE AGENDA AND CONSENT AGENDA
The Acting City Manager stated she would like to add Item 6 to the Agenda which is a
Resolution approving an application for a grant to assist in the Senior Citizens Center and
add Item F to the Information/Miscellaneous which is the petition count. Councilmember
Brown would like to pull Item B. Councilmember Weycker requested Items A, D and H be
pulled. Acting Mayor Hanus requested Item C be pulled from the Consent Agenda.
MOTION by Ahrens, seconded by Weycker, to approve the agenda and consent
agenda with the removal of Items A, B, C, D and H and the add-on of Item 6
and Item F. The roll call vote was unanimously in favor. Motion carried. 4-0.
CONSENT AGENDA
*1.0 TWO-YEAR UNION CONTRACT FOR PUBLIC WORKS, TEAMSTERS
LOCAL 320 FOR 2000 AND 2001.
RESOLUTION #00-30
RESOLUTION APPROVING THE LABOR
AGREEMENT BETWEEN THE CITY OF
MOUND AND TEAMSTERS LOCAL NO.
320, PUBLIC WORKS UNIT BEGINNING
JANUARY 1, 2000, THROUGH DECEMBER
31, 2001.
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MOUND CITY COUNCIL MINUTES- MARCH 14, 2000
Ahrens, Weycker, unanimously.
*1.1
TWO-YEAR UNION CONTRACT FOR POLICE SERGEANTS. LEL~ LOCAL
~ FOR Z000 AND Z00L
RESOLUTION g00-31
RESOLUTION APPROVING THE LABOR
CONTRACT BETWEEN THE CITY OF
MOUND AND LAW ENFORCEME~
LABOR SERVICES (LELS) LOCAL 35,
POLICE SERGEANTS, FOR THE PERIOD
JANUARY 1, 2000, THROUGH DECEMBER
31, 2001.
Ahrens, Weycker, unanimously.
'1.2
TWO YEAR UNION CONTRACT FOR POLICE PATROL, LELS LOCAL 266
FOR 2000 AND 2001.
RESOLUTION//00-32
RESOLUTION APPROVING THE LABOR
CONTRACT BETWEEN THE CITY OF
MOUND AND LELS LOCAL 266 POLICE
PATROL OFFICERS JANUARY 1, 2000,
THROUGH DECEMBER 31, 2001.
Ahrens, Weycker, unanimously.
*1.3
CASE #00-01: MINOR SUBDIVISION TO CREATE 3 CONFORMING
PARCELS FROM TWO EXISTING PARCELS; AT 2155 NOBLE LANE, LOTS
20 AND 21, BLOCK 3, PID #13-11%24 31 0019, AND 2149 NOBLE LANE,
LOTS 22 AND 23, BLOCK 3, PID #13-11%24 31 0010, BOTH IN ABRAHAM
LINCOLN ADDITION TO LAKESIDE PARK.
RESOLUTION//00-33
RESOLUTION APPROVING A MINOR
SUBDIVISION IN ORDER TO CREATE
THREE CONFORMING PARCELS FROM
TWO EXISTING PARCELS; 2155 NOBLE
LANE, BLOCK 3, LOTS 20, 21; PID# 13-11%
24-31-0019, 2149 NOBLE LANE, BLOCK 3,
LOTS 22, 23, ABRAHAM LINCOLN; PID#
13-117-24-31-0020. P & Z CASE g00-01.
Ahrens, Weycker, unanimously.
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'1.4
MOUND CITY COUNCIL MINUTES - MARCH 14, 2000
PAYMENT OF BILLS.
MOTION.
Ahreus, Weycker, unanimously.
1.5
MINUTES OF THE FEBRUARY 15, 2000, COMMITTEE OF THE WHOLE
MEETING.
Councilmember Weycker stated on page 870 she would like the following paragraph added
after paragraph 1: "Councilmember Weycker pointed out it was in the Park Commission
budget request for the last two years."
Acting Mayor Hanus stated on page 864, third paragraph, the last sentence should read as
follows: "Ms. Tadavarthy agreed and further stated the light pole would stay for now, but
when it needed to be moved to the high school site, another tower would need to be built to
ret>lace this one."
Acting Mayor Hanus stated on page 866, the second paragraph should read as follows:
"Councilmember Hanus asked if a buffer or retaining wall would be included on the west
side of the townhomes. Mr. Hanson stated there will be a retaining wall on the west."
Acting Mayor Hanus stated on page 874, third paragraph, the last sentence should read:
"Councilmember Hanus was not sure and wanted to think about this before stating a
position."
MOTION by Ahrens, seconded by Weycker, to accept the Committee of the
Whole minutes dated February 15, 2000, as amended. The vote was unanimously
in favor. Motion carried. 4-0.
1.6 MINUTES OF THE FEBRUARY 22, 2000, REGULAR MEETING.
Councilmember Brown stated on page 883, first paragraph, third sentence should read:
"Councilmember Brown stated it is near a natural wetland that will probably never be built.
Councilmember Weycker stated on page 892, the Motion was made by "Weycker" as
opposed to "Brown."
Acting Mayor Hanus stated on page 882, seventh paragraph, last sentence should read:
"Councilmember Hanus asked if this parcel could be used for ponding possibly in the
future."
Acting Mayor Hanus stated on page 883, second paragraph, last sentence should read:
"Councilmember Hanus stated there is n_.o potential for public use in the future should the
City sell the property."
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bYt MOUND CITY COUNCIL MINUTES - MARCH 14, 2000
Acting Mayor Hanus stated on page 886, eighth paragraph, the word "zoned" should be
rep/aced with the word "designated.'
1.7
Acting
MOTION by Weycker, seconded by Ahrens, to accept the Regular City Council
minutes of February 22, 2000, as amended. The vote was unanimously in favor.
Motion carried. 4-0.
MINUTES OF THE FEBRUARY 29, 2000, SPECIAL MEETING.
Mayor Hanus stated on page 897, the word "Lip" should be replaced with "up."
MOTION by Ahrens, seconded by Weycker, to accept the Special City Council
minutes of February 29, 2000, as amended. The vote was unanimously in favor.
Motion carried. 4-0.
1.8 MINUTES OF THE MARCH 2, 2000, SPECIAL MEETING.
Councilmember Weycker stated she was not in attendance at this special meeting, so she
would abstain from voting on the minutes.
MOTION by Ahrens, seconded by Brown, to approve the minutes as submitted.
Motion carried. 3-0, Weycker abstained.
1.9 EMPLOYMENT CONTRACT FOR NEW CITY MANAGER.
Councilmember Weycker stated she was not in attendance at the meeting when the Council
discussed the actual contract for the new City Manager, although she is in favor of the
candidate and welcomes her aboard. Councilmember Weycker will abstain.
MOTION by Ahrens, seconded by Brown, to approve the Resolution as stated below.
RESOLUTION//00-34
Motion carried. 3-0, Weycker abstained.
RESOLUTION ADOPTING THE
EMPLOYMENT CONTRACT FOR A CITY
MANAGER OF THE CITY OF MOUND.
COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT ON ITEMS NOT
ON THE AGENDA (PLEASE LIMIT TO 3 MINUTES PER SUBJECT).
Wayne Ehlebracht, 4873 Shoreline Drive. Mr. Ehlebracht asked for an update on the
number of valid names on the petition. Mr. Ehlebracht was given the information that
indicated there were 933 valid signatures and 30 more signatures still needed.
Mr. Ehlebracht asked how long will it be before the subject at hand is put to public once
there is enough signatures on the petition? The City Attorney stated this question is
premature at this point in time. He stated he would appreciate a completed petition and then
moving from that point after that has occurred.
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MOUND CITY COUNCIL MINUTES- MARCH 14, 2000
Mr. Ehlebracht asked if there are statutes that'will make the City comply with a specific
timeframe with regard to the vote on a referendum? The City Attorney stated there is no
statute, although there are timeframes which a City has to meet before holding an election.
Councilmember Brown stated he has heard some citizens state the City is "dragging their
feet" on this issue, which is not tree. He stated it is quite a task to have signatures verified
on a petition and he commended the Acting City Manager.
Peter Meyer, 5748 Sunset Road. Mr. Meyer commented that at a meeting last week when
there were discussions concerning the Rex Alwin property, it appeared the park dedication
acreage would not be enough for a ballfield. Mr. Meyer stated he felt it to be much more
practical to keep the existing ballfields as opposed to putting them on another site where
there would not be enough acreage.
1.10
REOUF~T FROM NANCY AND CONRAD STARR TO RECONSIDER THE
TEMPORARY VARIANCE APPROVED FOR THEIR DETACHED GARAGE
TO ALLOW IT TO REMAIN.
Nancy Starr, 3152 Alexander Lane. Ms. Starr stated she has heard four different reasons
why their garage should be torn down, and she would like to address these four reasons.
The first reason was the garage encroaches on the neighbor's property. She stated the
neighbor is present to tonight and she has a new signed subdivision application to have a
portion of the neighbors property put on their property. The second reason to have the
garage removed is because it exceeds the front yard setback and Ms. Starr presented pictures
of other garages or sheds that have not met setbacks, although these may not have been City
approved. Thirdly, she was told the garage is dilapidated. Ms. Start stated she had a
contractor come out and look at the garage and he gave her an estimate of $400 to fix the
cracks. She stated the contractor stated the garage walls appear to be straight and
structurally sufficient. She stated they would like to change this garage into an accessory
building that would 'include a service door and a four-foot overhead door. They would also
put siding on it to match their house. Ms. Starr stated in her experience having more outside
buildings is better and it also seems to add to the property value. This accessory building
would house bikes, lawn mower, snow blower, etc. The applicant stated the fourth reason
they were told to remove the garage is that it does not constitute a hardship. She stated the
estimate to take the garage down is about $2,000, and the retaining wall that would have to
be put in its place would cost about $3,000. An alternative to the retaining wall would be
grading this section down, although this grading could damage a 100-year-old maple tree.
She stated a monetary hardship would exist with the removal of this garage.
The Building Official stated he agreed with some issues the applicant stated, but staff and the
Planning Commission recommend having the garage removed from the property.
The City Attorney asked staff if the boundary was adjusted, would the garage be allowed to
stay at its location without a variance. The Building Official stated it would not be able to
stay without a variance.
2O5
MOUND CITY COUNCIL MINUTES - M~IRCH 14, 2000
The Building Official further stated the applicant could make changes to its conforming
property under the streamlining code, although the repairs to the dilapidated garage would
not fall under that provision because it needs structural repairs.
Acting Mayor Hanus wanted it clarified that there would be two variances being allowed
with this subdivision. One would be a variance on the front yard setback and the other
would be a variance on the accessory structure in that its location should be in the back. The
Building Official stated the latter statement is false and there could be an accessory structure
in the front but not as close to the street as it is currently situated.
There were discussions between the Building Official and City Attorney regarding the code
for an accessory structure and what it entails. Acting Mayor Hanus stated there is another
section of the code that he recalls but cannot locate it that explains a shed cannot be located
in the front yard. The City Attorney will look into this.
Acting Mayor Hanus stated even if the City Council does agree with the applicant, the
subdivision process would have to go back to the Planning Commission for approval. He
stated the best scenario for tonight is to grant another extension.
Councilmember Brown stated this does not meet streamlining because the structure is on
another person's property.
Councilmember Brown stated three years ago the applicant was granted an extension to allow
the dilapidated garage to stay standing until the new garage to their house was built. To
date, the garage is built, and he strongly stated the old garage needs to come down according
to the resolution previously passed and agreed to by the applicant.
Councilmember Ahrens stated she could think of three cases where the structures on other
people's lots had to be torn down before the building permits were allowed. She further
stated the City has made good faith efforts with the applicant and allowed three years before
the structure needed to come down, but allowed the building permit.
The City Attorney according to the code it would appear a shed could not be considered as
part of the front yard. The Building Official stated he would like to debate this later with the
City Attorney.
Councilmember Weycker stated she would like to see an attempt made by the applicant to
have the front yard setback adjusted by making the structure conforming.
The Building Official stated the garage has cracks in the blocks and this would be a tuck-
pointing job, although, if the applicant would want this job to be completed in a more
permanent and lasting way, having the blocks core filled would be a better alternative.
Acting Mayor Hanus asked the Councilmembers if the structural portion of the garage is a
major point with the decision-making process at this time.
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MOUND CITY COUNCIL MINUTES o MARCH 14, 2000
Councilmember Brown stated the cracks go through the windows and the corner of building
appears to be cracking off. He is very concerned about this structure.
The Councilmembers discussed if the applicant is willing to make the structure conforming,
having the applicant go out and get detailed estimates and bring them back to the Building
Official to see if the work that may possibly be done on the structure would be acceptable to
City code.
Councilmember Weycker stated if the City requires the applicant to tear down this structure,
the applicant could turn right around and put another shed in the same exact spot but making
the shed smaller or conforming to City code. She stated basically the applicant would save a
step with this process of allowing the subdivision and giving the applicant a chance to make
the current structure conforming.
The Building Official stated staff would agree to the subdivision and the changing of the
garage doors to make the garage conforming. He stated the goal of the ordinance is to
eliminate nonconformity, which the applicant is willing to do.
Acting Mayor Hanus stated if the Councilmembers do take this action, the motion would
extend the agreement to some day certain and that the structure must be made conforming,
and to further extend that according to the prior resolution that if this does not take place by
this date, the former agreement stands.
There was discussion amongst Acting Mayor Hanus and Councilmember Brown whether the
structure should be attempted to be made conforming by the applicant, or if it is even
possible to get the structure conforming because of the cracks that currently exist.
MOTION by Brown, seconded by Ahrens, to deny the temporary variance but
allow an extension until April 1, 2000, to tear down the structure.
Discussion.
Councilmember Ahrens stated she would like to know the answer to what code states
regarding having a shed in the front yard. She is surprised that the code definitely allows a
huge garage in the front yard but does not allow a shed.
Councilmember Brown stated he might have a different opinion if the applicant would have
come in today for a permit to have a shed/garage in the front yard, but this case, in his
opinion, was decided three years ago and the garage should be torn down.
The Applicant stated she would like to have the Council rescind that decision made three
years ago and allow them a chance to make the structure conforming.
The Building Official agreed with the motion presented by Councilmember Brown, although
he would recommend a longer extension until June 1, 2000, due to road restrictions.
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MOUND CITY COUNCIL MINUTES- MARCH 14, 2000
Councilmember Ahrens stated if the variance would be approved tonight, there would still be
the problem of the 100-year-old maple tree roots and having those disturbed with the
grading.
Acting Mayor Hanus asked the applicant how she would make the garage conforming and the
applicant stated they would probably reduce the size of the garage and make it into a shed.
Councilmember Brown attempted to amend his motion to deny the variance request with an
extension until June 1, 2000, but Councilmember Ahrens withdrew her second, and the
motion by Councilmember Brown died.
Councilmember Ahrens stated she withdrew her second because she would appreciate further
investigations accomplished by staff and the City Attorney to figure out exactly what the
codes state regarding sheds or garages in the front yards.
MOTION by Ahrens, second by Weycker, to extend the removal of the garage
until June 1, 2000, and to table the variance request until April 25, 2000, to
allow an investigation by staff and the City Attorney to f'md out if sheds are
allowed in front yards according to City code.
Discussion.
Councilmember Brown stated for future purposes, if a citizen of Mound presents his/her case
in front of the Planning Commission and would like some action taken with a future date
down the road, he will be recommending that this type of action be turned down.
Acting Mayor Hanus explained he wants to prevent shortsightedness, and he strongly agrees
this procedure with help with that scenario.
Councilmember Weycker called the question.
Motion carried. 3-1, Brown voting nay.
1.11 2000 LMCIT INSURANCE PREMIUMS.
Finance Director Gino Businaro stated in the 1999 there was a total of 23 claims, 14 claims
were general liabilities and 9 were workmen's compensation. The Finance Director
introduced Carl Bennetsen, a Representative for Youngdahl Companies, who elaborated on
this information.
Mr. Bennetsen stated there were only a couple of litigation defense costs that were out of
norm for this year. He stated the LMCIT insurance continues to provide the broadest
coverage available to the City of Mound and dividends have been good and continue to look
good for the future.
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MOUND CITY COUNCIL MINUTES- MARCH 14, 2000
Acting Mayor Hanus questioned why there is a "roller coaster" look regarding claims every
other year and Mr. Bennetsen stated this is due to defense claims that vary each year and
land use issues.
Weycker moved and Ahrens seconded the following resolution:
RESOL~ON ~ffi0--35 RESOLUTION ACCEPTING THE 2000 INSURANCE
PROGRAM FROM THE LEAGUE OF MINNESOTA
CITIES (LMCIT) AS SUBMITTED BY CARL
BENNETSEN, R. L. YOUNGDAItL & ASSOCIATES
The vote was unanimously in favor. Motion carried. 4-0.
Mr. Bennetsen stated the City of Mound is currently set at $300,000 on any claim that falls
under the limits. Mr. Bennetsen stated the City of Mound could up its limit to $1,000,000,
although this money could be used up on only one occurrence.
Acting Mayor Hanus stated thc City of Mound has always waived this portion in the past
years to protect the City from being taken advantage of if a lawsuit does occur and the
insured party sues for the complete policy limits, which in their eyes would look more
appealing if the limits were much higher.
MOTION by Weycker, seconded by Ahrens, to waive the monetary limits on the
tort liability. The vote was unanimously in favor. Motion carried. 4-0.
1.12 RESOLUTION APPROVING AN APPLICATION FOR A GRANT TO ASSIST
IN THE SENIOR CITIZENS CENTER,
The Acting City Manager stated last year the City of Minnetrista successfully applied to the
Consolidated Pool for $50,000 to be used for the new Senior Center. She stated on March
7, 2000, the Minnetrista Council voted to transfer those funds to the Westonka Senior Center
Foundation because it has been determined the new center will be located in the City of
Mound. The Acting City Manager stated it would be appropriate now for the City of Mound
to request monies from the Consolidated Pool, and the application she would like to submit
would be for $150,000.
Brown moved Ahrens seconded the following resolution:
RESOLUTION//00-36
RESOLUTION APPROVING SUBMITTAL
OF AN APPLICATION FOR USE OF 2000
URBAN HENNEPIN COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT
PROGRAM CONSOLIDATED POOL
FUNDING AND AUTHORIZING
EXECUTION OF SUBRECIPIENT
AGREEMENT WITH HENNEPIN COUNTY
AND ANY THIRD PARTY AGREEMENTS.
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MOUND CITY COUNCIL MINUTES- MARCH 14, 2000
Discussion.
Councilmember Ahrens asked if the City of Minnetrista would still be contributing their
$50,000 in the event the City of Mound would also'be granted a similar amount. The Acting
City Manager stated yes.
Acting Mayor Hanus asked if the City of Mound has applied previous years for this grant.
The Acting City Manager stated we have not we were not in the consolidated p0ol until this
year.
The vote was unanimously in favor. Motion carried. 4-0.
1.13 INFORMATION/MISCELLANEOUS
1. Monthly report for January from Police Chief, Len Harrell.
2. Economic Development Commission (EDC) Minutes from February 17, 2000.
Park and Open Space Commission (POSC) Minutes from January 13, 2000 and
February 10, 2000.
Acting Mayor Hanus directed Councilmember Weycker to check the work rules with
regard to allowing the Chair position of the POSC to alternate every few months.
Councilmember Weycker will investigate this issue and make sure this is acceptable in
the work rules.
4. Dock & Commons Commission (DCAC) Minutes from February 17, 2000.
5. Lake Minnetonka Conservation District mailings.
Petition count stating the citizens of Mound are required to get 30 more signatures on
the Petition before it is considered valid.
7. Multiple dock slip renewal memorandum from Jim Fackler.
Councilmember Brown stated Mr. Fackler's memorandum mentioned there are three
slip docks unclaimed and the subcommittee needs to evaluate this situation.
Councilmember Brown stated there is no official subcommittee been formed to date.
Councilmember Brown stated he has not been notified that a meeting of the
subcommittee has been st up. Acting Mayor Itanus suggested having a letter sent to
those people who volunteered to be on the committee saying they need to meet and
have their input back to City Council by April 1, 2000, or the City Council will
presume nothing is wrong. He suggested this deadline because the boating season is
approaching quickly.
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MOUND CITY COUNCIL MINUTES- MARCH 14, 2000
MOTION by Brown, seconded by Weycker, to t~djourn the meeting at 9:14 p.m.
The vote was unanimously in favor~ Motion carried. 40.
Fran Clark, Acting City Manager
Attest: Council Secretary
211
PAYMENT BILLS
DATE:_ ~t~RCH 14. 2002
BILLS ACCOUNTS PAYABLE
BATCH #
AMOUNT
#0021
#0022
$197,157.44
$208,933.37
TOTAL BILLS $406,090.81
;7