1986-01-288
January 28, 1986
MINUTES - MOUND CITY COUNCIL - REGULAR MEETING
JANUARY 28, 1986
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on January 28, 1986, at 7:30 P. M., in the Council
Chambers at 53+1 Maywood Road in said City. _ _
Those present were: Mayor Bob Polston, Councilmembers Phyllis
Jessen, Gary Paulsen, Russ Peterson and Steve Smith. Also
present were: City Manager Edward J. Shukle, Jr., City Attorney
Curt Pearson, City Clerk, Fran Clark, Planner Mark Koegler,
Engineer John Cameron, Finance Director John Norman, and the
following interested citizens: Tod Holmberg, Cheryl Grand, Joe
Zwak, Buzz Sycks, Gregg Eekert, Loretta Fischer, Mrs. Goldie
Torgersn, Mike Burgess, Deanna Burgess, C. Dudley Fitz, Greg
Carlson, Mike Mueller, Betty Mueller, Larry Flam, Eugene Hodge,
Carl Glister, Linda Ledray, Aaron Applequist, Steve Tessmer, Rex
Alvin, Steve Hrkal, Craig Hrkal, Jim Bedell, Tony VanDerSteeg,
Brad Lemberg, Bob Russek, DeWayne Terlinden, Shorty Jackson, Earl
Bailey, Bill Husbands, Paul Young, Dick Anderson.
i
The Mayor asked that there be a moment of silence for the space
shuttle tragedy that happened today.
The Mayor opened the meeting and welcomed the people in
attendance.
The Minutes from the January 14, 1986, Regular Meeting were
presented for consideration.
Councilmember Peterson asked that the following be corrected:
1. Resolution X86-7 be entitled: "Resolution Appointing
Fran Clark as Acting City Manager for 1986".
2. In the 3rd to the last paragraph on Page 5, "unwaiving"
be replaced with "remaining".
3. On Page 6, number 4 be reworded and after discussion
with Councilmember Smith the following language be
inserted, "Look into the comparative value of all
sites".
4. On Page 7, the working in Councilmember's Smith motion
be corrected to read "all motions", nbt "key issues".
Councilmember Jessen asked that on Page 3 the spelling of Marilyn
Byrnes' name be corrected.
MOTION made by Jessen, seconded by Peterson to approve the
Minutes of the January 14, 1986, Regular Council Meeting as
amended. The vote was unanimously in favor. Motion carried.
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January 28, 1986
PUBL C HEARING: DELINQUENT UTILITY BILLS - JANUARY
The City Manager reported that the delinquent list is down to
~3 ~ 307.40 .
The Mayor opened the public hearing and asked if there was anyone
present who wished to address the Council regarding a delinquent
utility bill. No one responded. The Mayor closed the public
hearing.
Smith moved and Paulsen seconded the following resolution:
RESOLUTION #86-12 RESOLUTION TO APPROVE THE DELINQUENT
UTILITY BILLS IN THE AMOUNT OF $3,307.40.,
AND~AUTHORIZING THE STAFF TO SHUT-OFF
WATER SERVICE FOR THOSE ACCOUNTS
The vote was unanimously in favor. Motion carried.
PUBLTG HEARING: AMENDMENT TO THE ZONING ORDINANCE REGULATING
SATELLITE DISH ORDINANCE
The City Planner gave a synopsis of the background on this item
and w hat was to be covered in the ordinance. The Planning
Commission has recommended approval of this amendment.
Councilmember Paulsen asked about the Dow-Sat satellite dish.
The Planner stated this would be grandfathered under that second
grandfathering approach on page 171 which the Planning Commission
recommended using.
The Mayor opened the public hearing.
CARL GLISTER, 5008 Wren Road, stated that he called before he
installed his dish about 1 year ago and was told that there
was no ordinance in place at that time so there were no
regulations. He stated his dish is in place and could not be
moved.
Councilmember Peterson stated that the Council could consider
granting a variance for Mr. Glister's dish.
Mayor Polston stated that the reason this ordinance is being
considered is because a number of people complained to the City
when some of the satellite dishes were installed due to
their setbacks and placement.
GREGG ECKART, 1709 Baywood Lane, stated that he has had his
satellite dish for 6 months, had called the City before he
installed it and has not had any complaints.
TOD HOL MBERG, 1712 Canary Lane, stated that as the ordinance
is written many Mound residents would not be able to have a
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January 28, 1986
satellite dish antenna because of the small lots (not being
able to meet the setbacks) and the numerous trees on most
lots (satellite dishes need to be out in open areas).
The Mayor closed the public hearing.
The Council discussed various aspects of the proposed ordinance
amendment as they would relate to variances, aesthetics,
setbacks, placement, etc.
The City Attorney stated that since satellite dishes are not a
permitted accessory structure or a conditioned structure, they
are not permitted in Mound. He further reminded the Council that
they w ould need 2/3 vote or 4 out of 5 votes to pass this
amendment because it is an amendment to the zoning ordinance. He
also suggested that this amendment be written up in ordinance
form and be brought back to the Council for consideration.
MOTION made by Peterson to table this item to the nett.
meeting. The motion died for lack of a second.
Councilmember Jessen suggested deleting subsections a and f in
23.732.1 as an alternative. The Council also asked that the
ordinance address the problem of lakeshore lots and satellite
dish placement.
MOTION made by Polston, seconded by Jessen to direct the
Staff to address the issues discussed tonight (e.g. put in
ordinance form, lakeshore lots, locations, etc.), incorporate
Councilmember Jessents suggestions and bring back to the
Council in 30 days. The vote Was ~ in favor With Peterson
voting nay. Motion carried.
rONSTDER ISSUANCE OF CONDITIONAL USE PERMIT FOR WATER SKI SCHOOL
AT 2627 COMMERCE BLVD., ON LAKE LANGDON
The Mayor stated that the public hearing was closed the last tim e
this was considered but that the Council would listen to input
from anyone wishing to address the Council on this issue.
•The following persons voiced opposition to the issuance of a
C.U.P., or had comments about the operation: Linda Ledray, Aaron
Applequist, Deanna Burgess, Goldie Torgerson, Rex Alwin, Dudley
Fitz. The following were their reasons:
1. Lake is shallow, has a high phosperous level, and
stirring it up will make the lake toxic, destroying food
for the wildlife living on the lake.
2. The activity will cause wave action that will be
detrimental to the lakeshore.
3. The noise level and general activity on the.lake will be
annoying.
4. Lake isn~t large enough for water skiing.
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January 28, 1986 w
5. Possibility of overuse of the lake because more
businesses might want to come in.
6. This type of activity would cause the wildlife to leave
the lake.
7. There has not been an environmental impact study done on
what affects this operation would have on the lake.
8. Would like to see the study that was done previously on
Lake Langdon on regulating the size of motors allowed on
the lake pursued again.
Letters opposing the C.U.P. were received from the following
people:. Valene Torgerson Cornelius, Goldie Torgerson, A. 0.
Pedersen, Eugene Hodge, Morris Splettstaszer, Orval Eddy, Harry
Bockhaus, Guy Jenks, Aaron Applequist, Mary Pacholke, Holly & Ron
Bostrom.
The following persons spoke in favor of the C.U.P. issuance:
Steve Tessmer, Steve Hrkal, Craig Hrkal. The following were
their reasons for favoring the C.U.P.:
1. The Planning Commission has reviewed the entire proposal
and recommended approval with conditions that Mr.
Tessmer is willing to meet.
2. There is no objection or regulation by the DNR, PCA,
Watershed District, Gray Freshwater Biological Institute
or the University of Minnesota for this type of
operation.
3. Lake Langdon~s stratified layers would not be be
disturbed by the operation of a boat.
4. The boats have special mufflers to keep the noise level
down.
5. The boats are designed so they create only small wakes.
6. Only 1 boat would be used at any given time.
Councilmember Jessen indicated she is concerned about the
environment, but that Lake Langdon is 143 acres and she feels
confident that the environment would not be disturbed. The
conditions recommended by the Planning Commission would allow the
Council to review the operation each year. The purpose of this
business is to serve the people of the community. The water
quality would not be a problem for humans. Councilmember Paulsen
agreed.
Mayor Polston, Councilmembers Peterson and Smith stated they
could not support the issuance of this C.U.P. for the following
reasons:
1. It is too great a change in the lake use.
2. There was not enough evidence to assure that the
environment would not be harmed.
3. Further restrictions could be put on the hours of
operation.
4. Applicant should secure and pay for Environmental Impact
Study.
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January 28, 1986
Jessen moved and Paulsen seconded the following resolution:
RESOLUTION #86-13 RESOLUTION AUTHORIZING A CONDITIONAL USE
PERMIT FOR THE OPERATION OF A COMMERCIAL
RECREATION WATER SKI SCHOOL AT 2627
COMMERCE BLVD. ON LAKE LANGDON, PID #23-
117-2~ 14 OO~F9 _
A roll call vote was 2 in favor with Peterson, Polston and Smith
voting nay. Motion failed.
Paulsen moved and Jessen seconded the following resolution:
RESOLUTION #86-13 RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION TO APPROVE A SETBACK VARIANCE
FOR LOTS 1, 2, 3, BLOCK 6, SHIRLEY HILLS
UNIT B, PID #24-117-24 120038 (2501
EMERALD DRIVE)
The vote was unanimously in favor. Motion carried.
RF~tiFST ~nR EXTENSION OF VARIANCE (RESOLUTION #8~-2~), WALTER
HELLAND, LOT ~., BLOCK 4,. REPEAT OF HARRISON SHORES
Peterson moved and' Paulsen seconded the following resolution:
RESOLUTION #86-1~ RESOLUTION GRANTING AN ADDITIONAL ONE YEAR
EXTENSION TO RESOLUTION #83-23
The vote was unanimously in favor. Motion carried.
Mr..VanDerSteeg was present and explained that he would like to
accept some fill from the Town Square Project and stockpile it in
an area directly behind his building even though his grading and
land reclamation permit has been suspended because he was not
meeting the original conditions and illegal fill material has
been deposited on the site.
After discussion, the Council referred the matter to the Staff
and the City Engineer to work with Mr. VanDerSteeg and bring a
report back to the Council at the next meeting at which time the
Council will consider the request. The City Engineer reminded
Mr. VanDerSteeg that one of the first items he would have to
address is obtaining the Minnehaha Creek Watershed District
Permit.
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January 28, 1986
PUBLIC CCESS TO LAKE MINNETONKA - MARK KOEGLER
The City Planner presented a document he had compiled as a
response from the City of Mound to the Metropolitan Council Task
Force on the Lake Minnetonka access site question. He then went
over this response with the Council.
The Council reviewed the recommendations ~on- page 11 of the
report. They agreed that the Coddon property on Halstead Bay
is unacceptable as an access site. They also agreed, after
review of the Mound Bay Park site, that further expansion of this
facility is not possible due to adjacent land uses, limited land
area and lack of suitable areas for parking.
NOTION made by Polston, seconded by Smith directing the Staff
to respond to the Governor and the Executive Committee, in
letter form, that there are no more adequate or safe parking
spots in the City of Mound to allow access sites, per the
Task Forces definition of an access site. The vote was
unanimously in favor. Motion carried.
The City Manager explained that the Staff needs direction from
the Coun cil on what the City wants to do with the Lost Lake
property now that the title question has been resolved.
Mr. Buzz Sycks stated that he needs a decision on whether the
Gity is willing to sell the property for commercial development
or not.
The following was discussed by the Council:
1. Get the Planning Commission involved in the process and
get ideas on what type of development would be
appropriate for this property.
2. Develop a process by which the property would be sold.
3. Decide what areas should be left as wetlands.
.4. Have an open process.
5. Listen to what the proposers have to offer in more
detail:
a. park
b. commercial
6. Consider combination of commercial area and nature area.
The Attorney explained that the City Engineer has a property
description of the property and knows which areas are wetlands
and w hich areas could be developed.
The Planner stated that some time ago he did a plan for the
former City Manager, on Lost Lake as a park, so that .too would be
available for the study on the property.
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January 28, 19$6
MOTION made by Paulsen, seconded by Jessen directing the
Planning Commission, with the help of the City Planner, City
Engineer and City Manager, to develop a process for the sale
of the commercial area and with the Park Commission a plan
for the development of the wetlands area. To be brought back
to the City Council at the March 18th Council Meeting. The
vote was unanimously in favor. Motion carried.
COMMENTS ~ SUGGESTIONS FROM CITIZENS PRESENT
The Mayor asked if there were any comments or suggestions from
the citizens present.
GREG CARLSON stated that he was at the HRA Meeting in July
and the developer of the Town Square project stated that
there was plenty of room left in the project for lease. Mr.
Carlson further stated that he has now been refused space in
the Town Square development and his business is suffering.
MIKE MUELLER stated that he would like the Councilts
cooperation in finding out why he is unable to obtain space
in the Town Square project.
The Mayor explained that the City cannot force a developer to
lease space to any one person. He reiterated that the
Council has always indicated that existing businesses should
be in the new center and he hoped that the developer would
find space for them.
BETTY MUELLER stated that she had never heard of a government
agency investing money with no strings attached.
Mayor Polston explained tax increment finance and that the
money that the city has invested will be paid back to the
City of Mound.
The City Attorney explained that there are strict controls on
the developer, such as:
1. The developer having 4.5 million dollars worth of
assessed valuation in the project.
2. Letters of credit.
3. Guarantees to make-up any shortfalls, etc.
MOTION made by Smith, seconded by Peterson to request that
the developer come to the next Council Meeting and explain
his criteria for selecting tenants, in particular Mueller
Pharmacy and its not being allowed in the Town Square
project.
EUGENE HODGE read his thoughts on the Town Square project.
The Council decided they would just direct the City Manager
to contact the Developer and ask him to attend the next
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January 28, 1986
meeting and explain his leasing arrangements.
Peterson withdrew his second and Smith withdrew his motion..
PUBLIC WORKS FACILITY PROPOSAL
The City Manager gave the background on this proposal and
introduced Brad Lemberg and Bob Russek of Bonestroo, Rosene,
Anderlik & Associates. They presented the site plan and the
floor plan. Cost estimate is 1.4 million for the building,
another $60,000 for the exterior storage and modifications, and
the balance for legal, administration, engineering, architectural
and contingency for a total of 1.7 million dollars. Mr. Lemberg
explained that the final design plans are not done. Construction
of the building itself will run between $45.00 and $50.00 per
square foot. Mr. Russek explained that the exterior will be
what they call sandwich construction (concrete with insulation in
the middle). This coupled with the fact that the building will
be built into the hill will be very energy efficient.
There was discussion on the need to continue to use. the Island
Park facility for the storage of squad cars and police items.
MOTION made by Polston, seconded by Paulsen to accept the
concept for the new public works facility as presented.
tonight and reaffirm the need for the new facility. The vote
was unanimously in favor. Motion carried.
The City Manager went over the timetable for preparation of the
referendum.
LYNWOOD BLVD PROJECT ~ M S A FUND BALANCE
The City Engineer went over the MSA Construction Fund status,
noting that if all the projects plans for this year are
undertaken, there will be a deficit. He is recommending asking
for an advance from the 1987 allotment in order to cover all the
projects. One of those projects is the repair of about X400 feet
of Bartlett Blvd. which breaks up every year and needs to be
repaired once and for alb.. He asked for direction from the
Council.
MOTION made by Jessen, seconded by Peterson directing the
City Engineer to prepare final plans for the repair of
Bartlett Blvd., using an advance from the 19$7 MSA funding to
finance the project. The vote was unanimously in favor.
Motion carried.
The City Attorney stated that there is a problem acquiring the
north side of Lynwood Blvd. for right-of-way because the owner is
not cooperative. He may need to condemn to acquire this property
for the Lynwood Blvd. Improvement Project.
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January ~28, 1986
Peterson moved and Paulsen seconded the following resolution:
RESOLUTION #86-15 RESOLUTION AUTHORIZING THE QUICK TAKE
CONDEMNATION OF PROPERTY ON THE NORTH SIDE
OF LYNit00D BLVD. FOR RIGHT-OF-WAY IN THE
LYNWOOD BLVD. IHPROYEMENT PROJECT IF
NECESSARY
The vote was unanimously in favor. Motion carri-ed.
The City Engineer explained the proposal, dated January 21, 1986,
which was done because of a request by the City of Minnetrista
to hook into our water and sewer for 2 possible areas of
development in Minnetrista.
He then explained how the watermain extension in the early 1980's
was done.
Councilmember Peterson left the meeting at 11:30 P.M.~
The City Engineer stated that there would be 4 properties
involved in the assessment of this project and the largest is the
Alwin property w hich is in Green Acres and means that the
assessment would be deferred until the time that property is
developed, thus the City w ould end up paying for the improvement
until the time of development.
The Council heard from Dick Anderson who owns property which
would be assessed for this street improvement and does not feel
that it would be fair.
The Council discussed the fact that Mound requires the developer
of the property to pick up the costs for improvements which
basically are benefiting only the developer.
The.Council directed the City Manager and the City Engineer to
discuss the above with Minnetrista and see if the developer would
be willing to pay for this improvement because it is a direct
benefit to his development.
The City Manager presented the Action Alert. The Council took no
action on this item.
. 1~[FMBERSHIP IN ASSOCIATION OF METROPOLITAN MUNICIPALITIES
The City Manager explained that membership in the AMM was deleted
when the Budget was adopted in October. He is requesting that
the City continue to be a member of this association because it
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January 28, 1986
is beneficial for the City of Mound. He then gave examples of
how they have helped the City in the past. The money to pay for
this.is available because the Gity is receiving CDBG funds for
the Senior Citizen Coordinantor which was budgeted.
Jessen moved and Paulsen seconded the following resolution:
RESOLUTION #86-16 RESOLOTION AUTHORIZING MEMBERSHIP IN THE
ASSOCIATION OF METROPOLITAN MUNCIPALITIES
The vote was 3 in favor with Couneilmember Smith voting nay and
Peterson being absent and excused. Motion carried.
Councilm ember Smith presented his proposal for a "Resolution to
Provide for a Free Flow of Information to the Public and for a
More Open City Government". He stated he has contacted The Laker
and they would be willing to print the individual vote of the
Councilmembers as a public service. He stated he would only want
this information on the following: public hearing items, zoning
ordinances, conditional use permits, spending resolutions
(Budgets).
There was discussion on the above and who would be responsible
for entitling the actions and what action was taken.
Mayor Polston suggested publishing the entire minutes in the
legal section.
The City Manager stated this would be very expensive and is not a
budgeted item.
The Council instructed the City Manager to check into the cost of
publishing the minutes in their entirety and check into other
formats that could be used.
The City Manager explained that what will be presented tonight
are the only options available.
Insurance Agent, Earl Bailey presented the package to the Council
stating that this is a 45~ increase over 1985. It is less
coverage with a higher premium but the only available coverage is
thru the League of Minnesota Cities Insurance Trust which would
include work comp. He then presented the following comparisons;
1985 1986 1986
HOME ~~ LEAGUE
Property 13 , 991 . 22,766 . 11 , 262. (1 )
Crime 2,475. Incl. 293. ( 1 )
Equipment Incl. Incl. 4,948. (1)
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January 28, 1986
General Liability 15,313. 42,600. 37,380. (1 )
Auto 17,259. 42,945. 19,666. ( 1)
Liquor Liability 6,300. 8,200. 8
647
Emer. Med. Techs.
1,184.
1,647. ,
, (3)
Public Officials E & 0 889. 889. 889. (4)
Police Professional 2,200. 2,848. 2,848. (5)
Umbrella 4 ,.100 • ----- -----
63,711 . 121 ,89~. 87.130.
Reserve ------ - --- 7187 ( 1)
63~7
~6 121,895. 94'
585
Work. Comp. .
6
2.$~.
- .
4?.. (6)
92,347 121,895. 136,905.
Specialty Lines:
(1) League of MN. Cities Insurance Trust thru N.S.R.S.
(2) Transcontinental Inc. Co. thru John H. Crouther.
(3) Great American Surplus Lines thru John H.Couther.
(4) Lloyds of London thru Bowes & Co.
(5) Imperial Casualty & Indemnity thru Special Risks, Inc.
(6) League of MN. Cities Insurance Trust thru. E.B.A.
He stated he had just received a quotation from the League on an
umbrella. It would be an additional $31,000.
His is recommending that the Council approve the $136,905. and
not the extra $31,000 for the Umbrella.
Polston moved and Paulsen seconded the following resolution:
RESOLUTION #86-17 RESOLUTION TO APPROVE THE CITY INSURANCE
PACKAGE AS RECOMMENDED IN THE AMOUNT OF
$t36, 905.
The vote was 4 in favor with Peterson being absent and excused.
Motion carried.
RISK MANAGEMENT
The City Manager explained that he is not recommending the
continuation of services from Bill Husbands in risk management
• for $4,800 per year because he feels that with the limited
coverages and the change in the m unicipal insurance industry that
there will not be as much to analyze and the City personnel can
handle it. If the City finds that his services are needed in the
future, it can be considered at that time.
Mr. Husbands was present and thanked the Council for the
opportunity to work with them.
MOTION made by Smith, seconded by Jessen to follow the
recommendation of the City Manager and not renew the contract
with Bill Husbands for risk management services at this time.
The vote was 3 in favor with Paulsen voting nay and Peterson
19
January 28, 1986
being absent and. excused. Motion carried.
PROCLAMATION: ~RD ANNUAL SHOOT OUT BASKETBALL TOURNAMENT
Polston moved and Jessen seconded the following resolution:
RESOLUTION #86-18 RESOLUTION PROCLAIMING THE WEEK OF
FEBRUARY 3, 1.986, AS -MOUND WESTONKA
BASKETBALL APPRECIATION WEEK IN THE CITY
OF MOUND
The vote was 4 in favor with Peterson being absent and excused.
Motion carried.
The bills were presented for consideration.
MOTION made by Paulsen, seconded by Smith to authorize the
payment of bills as presented on the pre-list, in the amount
of $81 ,813 •~7, when funds are available. A roll call vote
was 4 in favor with Peterson being absent and excused.
Motion carried.
RF~('HFDIiiF REGULAR COUNCIL MEETINGS FOR FEBRUARY ~ MARCH
MOTION made by Paulsen, seconded by Polston to reschedule the
regular Council Meetings for the months of February and March
to February 18 ~ 25, 1986 and March 18 ~ 25, 1986. The vote
was 4 in favor with Peterson being absent and excused.
Motion carried.
gCTTON ALERT: GOVERNORTS BUDGET PROPO AL
The City Manager presented the Gouncil with an Action Alert
received today on the Governorts Budget Proposal which would
reduce Local Government Aid to cities.
A. Mill Rate Ynformation for 1985 from Hennepin County.
B. Planning Commission Minutes of January 13, 1986.
C. Urban Hennepin County CDBG Program - Background & Direction.
D. Model Agreement for Reliable Access Parking Between L.M.C.D.
and City of Minnetrista.
E. LMCD Memo on Prosecution of LMCD Violations on Lake
Minnetonka.
F. Proposed LMCD Ordinance on Public Nuisances on Watercraft.
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January 28, 1986
G. Report on Recycling - A Proposal by the Metropolitan Council
from Jon Elam.
MOTION made by Polston, seconded by Smith to adjourn at 72:0
A.M. The vote was 4 in favor with Peterson being absent and
excused. Motion carried.
and J. Sh , Jr., City ager
I /~ hi,y~~l ~~ l°~ a
Fran Clark, CMC, City Clerk
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