1989-05-2377
May 23, 1989
MINUTES - MOUND CITY COUNCIL - MAY 23, 1989
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, May 23, 1989, at 7:30 PM, in the
Council Chambers at 5341 Maywood Road, in said City.
Those present were: Mayor Steve Smith, Councilmembers Andrea Ah-
rens, Liz Jensen, Phyllis Jensen, Skip Johnson. Also present
were: City Manager Edward J. Shukle, Jr, Acting City Clerk Linda
Strong, City Attorney Curt Pearson, City Engineer John Cameron,
Building Official Jan Bertrand, and the following interested
citizens: David and Nancy Lanz, Carol Uppal, Harold and Bev
Christianson, Devon Christianson, Nikole Prouty, Lloyd and Nick
Gronberg, Curt and Margie Olson, Patrick Ruhr, Oswin Pflug, Mary
Alexander, Craig Brenner, Mike Reilly, Gary Nordstrom, Freda Ol-
son, Clay Olson, Bill Netka, Dorothy Netka, Jim Jaremko, Jack
Wang, John Morgan, Paul Withers, Jane Chiesel, Jack Cook, Lori
Hamm and John Hubler.
The Mayor opened the meeting and welcomed the people in atten-
dance.
The Pledge of Allegiance was recited.
Minutes
The City Attorney, Curt Pearson, stated the motion on page 1642
of the minutes regarding the denial of the Bingo Hall should be
amended to include "all the other reasons listed".
Motion by Johnson, seconded by Jessen to amend the minutes
to include "all the other reasons listed~~. The vote was un-
animously in favor. Motion carried.
Motion by Johnson, seconded by Ahrens to approve the amended
minutes of the May 9, 1989 Regular meeting, May 9, 1989
Board of Review, and the May 16, 1989 Committee of the Whole
meeting. The vote was unanimously in favor. Motion
carried.
PUBLIC HEARING: DelinCtuent Utility Bills
City Manager Ed Shukle stated the revised amount was $2796.06.
Mayor Smith opened the Public Hearing regarding delinquent
utility bills. There was no one present in the audience who
. wished to speak on this issue. The Mayor closed the Public Hear-
ing.
Johnson moved and Jensen seconded the following resolution:
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May 23, 1989
RESOLUTION 89-56 RESOLUTION TO APPROVE THE DELINQUENT
UTILITY BILLS IN THE AMOUNT OF $2796.06
AND AUTHORIZING THE STAFF TO SHUT-OFF
WATER SERVICE TO THOSE ACCOUNTS
The vote was unanimously in favor. Motion carried.
CASE #89-809: Variance request by Jack Cook. The Mayor stated
that Mr. Cook has requested this item tabled until
the June 13, 1989 regular meeting.
MOTION made by Smith, seconded by Jensen to table this item
until the June 13, 1989 meeting. The vote was unanimously
in favor, motion carried.
CASE #89-814: Resolution Denying a Request for a Conditional
Permit Permit to Operate a Bingo Hall at 2313 Com-
merce Boulevard.
Johnson moved and Jensen seconded the following resolution:
RESOLUTION #89-57 RESOLUTION DENYING A REQUEST FOR A CON-
DITIONAL USE PERMIT TO OPERATE A BINGO
HALL AT 2313 COMMERCE BOULEVARD
The vote was unanimously in favor. Motion carried.
CASE #89-817: David Lanz, 6230 Westwood Circle, Lot 5, Block 2,
Westwood Circle; PID #23-117-24 23 0016 Re_guest:
variance for Rear yard Setback
Building Official Jan Bertrand explained that the three abutting
properties had recently been surveyed and the applicant is
requesting item 3B be removed from the resolution, which requests
a current survey.
Smith moved, Jensen seconded the following revised resolution:
RESOLUTION #89-58 RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION TO APPROVE A 5 FOOT REAR YARD
SETBACK VARIANCE FOR LOT 5, BLOCK 2,
WESTWOOD; PID #23-117-24-23 0016 (6230
WESTWOOD CIRCLE) OMITTING ITEM 3B.
The vote passed was three in favor with Jensen and Johnson voting
nay.
CASE #89-818: Thomas Rieltz, 2033 Arbor Lane, 3, Subdivision of
Lots 1 & 32, Skarp & Lindquist, Request: Variance
for Front & Side yard setback
Jan Bertrand reviewed this with recommendation.
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May 23, 1989
Jensen moved, Jensen seconded the following resolution:
RESOLUTION #89-59 RESOLUTION TO RECOGNIZE AN EXISTING NON-
CONFORMING STRUCTURE TO ALLOW STRUCTURAL
MODIFICATIONS FOR LOT 3, SUBDIVISION OF
LOTS 1 AND 32, SRARP & LINDQUISTS
RAVENSWOOD ADDITION; PID #13-117-24 41
0032, (2033 ABROR LANE)
The vote was unanimously in favor. Motion carried.
CASE #89-819: Patrick & Diane Ruhr, 5133 Emerald Drive, Part of
Lot 1, Block 1, Shirley Hills Unit C, PID #24-117-
24 13 0016 Request: Variance for Existing Side
yard Setback
Jan Bertrand explained that the survey on file was done in 1949
and not accurate. There is no building or evelations on the sur-
vey. The City Attorney reccommended a survey be done.
Johnson moved, Ahrens seconded the following resolution be ap-
proved upon the condition that a current survey be obtained:
RESOLUTION #89-60 RESOLUTION TO RECOGNIZE AN EXISTING NON-
CONFORMING STRUCTURE TO ALLOW STRUCTURAL
MODIFICATIONS FOR LOT 1, BLOCK 1, SHIR-
LEY HILLS UNIT ~~C~~; PID #24-117-24 13
0016, (5133 EMERALD DRIVE)
The vote was unanimously in favor. Motion carried.
CASE #89-820: Harold & Beverly Christianson, 2933 Cambridge
Lane, Lots 7 & 8, Block 34, W~chwood, PID #24-117
24 42 0007 Request: Variance for Side and Rear
Yard Setback
Jan Bertrand reviewed this item, the Planning Commission recom-
mended approval.
Jensen moved, Johnson seconded the following resolution:
RESOLUTION #89-61 RESOLUTION TO RECOGNIZE AN NONCONFORMING
STRUCTURE TO ALLOW STRUCTURAL MODIFICA-
TIONS FOR LOTS 7 & 8, BLOCK 34,
WYCHWOOD; PID #24-117-24 42 0007 (2933
CAMBRIDGE LANE)
The vote was unanimously in favor. Motion carried.
Request for Assistance - Eurasian Water Milfoil Problem at Dutch
Lake - Richard Wagner, Chairman, Citizens Concerned About Dutch
Lake
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May 23, 1989
John Hubler, 5816 Grandview Blvd., spoke on behalf of the
Citizens Concerned for Dutch Lake, and their concern about
Eurasian Milfoil to Dutch Lake. Presently, the DNR has stated
that there is no Milfoil in Dutch Lake, and this group would like
to keep it that way. His request was to have the City place sig-
nage at the two public accesses stating the precautions visiting
boaters must do to prevent the spread of this weed. Council
stated the DNR is preparing such signage, but would not be avail-
able for the Memorial weekend. Council asked Public Works to
make temporary signage until the DNR signs are available.
Comments and Suggestions from Citizens Present
There were no comments and suggestions.
Proposal to Revise Park Dedication Fee Schedule, Section 330:120
of the City Code
Building Official Jan Bertrand discussed this item with the Coun-
cil. Park dedication fees had been a percentage fee or donation
of land. Park Commission recommended to adopt a resolution iden-
tifying a $500 per unit park charge. This is computable to fees
of other area cities.
Sewer and water deficient unit charges were also discussed.
Recommendation is to discontinue all deficiencies and increase
the present city sewer and water availability charges from $125
to $300 each. The City Attorney stated that the ordinances would
have to be changed. Council directed Staff to make a draft for
the required ordinance changes and return the proposed ordinance
for Council consideration.
Request for Maintenance Permit, Rodney Beystrom, 4465 Denbicth
Road
Councilmember Jessen reviewed this item stating that Mr.
Beystrom's dock is a channel dock, running parallel to the
shoreline. The area is not accessible to other docks. Recommen-
dation is to allow this type of dock through the 1989 season.
The Park Commission will be establish wordage on channel docks.
Motion made by Johnson, seconded by Jessen and carried un-
animously to approve the Maintenance Permit for Rodney
Beystrom.
Recommendation from Park Commission Regarding Pembroke Park Win-
ter Motorized Vehicle Access
Councilmember Jessen stated the word winter should be removed, as
the commission would like no motorized vehicles year around. The
vehicle traffic in this park is heavy and dangerous to children
playing in the area. Jane Chiesl, an abutting neighbor to the
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May 23, 1989
park, was present to speak on behalf of the neighborhood. Coun-
cil noted that the ordinance states no launching, mooring or
docking of water craft is allowed from June 1st through September
15th at this park. Council recognized that the existing or-
dinance needs to be enforced. The Park Commission will meet in
August to discuss the winter use of the park. The item will
return to the Council in September.
Proposed Street Improvements on Denbigh Road
City Engineer John Cameron reviewed this item showing a drawing
indicated present easements and needed easements. The following
citizens spoke on the issue: Freda Olson, John Morgan, Paul
Withers, Jim Jaremko and Ozzie Pflug.
Johnson moved and Jensen seconded the following resolution:
RESOLUTION #89-62 RESOLUTION TO ACCEPT THE FEASIBLITY
REPORT FROM THE CITY ENGINEER AND ORDER
A PUBLIC HEARING ON THE STREET IMPROVE-
MENT OF DENBIGH ROAD ON JUNE 27, 1989,
7:30 PM, IN THE CITY COIINCIL CHAMBERS
The vote was unanimous ly in favor. Motion carried.
An Ordinance Amending Section 170 of the City Code By Adding Sec-
tions 170:15, 170:25 and 170:30 Relatin g to Unclaimed, Lost or
Abandoned Property
City Manager Ed Shukle gave the history of this item. He stated
the way the ordinance is currently written there is no incentive
to turn lost money as the money (if not claimed) goes into the
general fund. The City Attorney has updated the ordinance for
Council approval. Changing the verbage to be non-gender and the
word "may" to "shall".
Smith moved and Jensen seconded to approve as amended the follow-
ing resolution:
ORDINANCE #27-1989 ORDINANCE AMENDING SECTION 170 OF THE
CITY CODE BY ADDING SECTIONS 170:15,
170:20, 170:25 AND 170:30 RELATING TO
UNCLAIMED, LOST OR ABANDONDED PROPERTY
The vote was unanimously in favor. Motion carried.
An Ordinance Amending Section 905:00 of the City Code, Adding
Subdivision 5A, Relatingt to the Possession of Knives on School
Grounds
Mary Alexander, Principal of Grandview Middle School, spoke on
this item. She stated the school has a ruling on no knives on
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May 23, 1989
school grounds, having it become a city law would assist the
school in enforcing this rule.
Smith moved, Jensen seconded the following ordinance:
ORDINANCE #28-1989 AN ORDINANCE AMENDING SECTION 905:00
RELATING TO THE CITY CODE, ADDING SUB-
DIVISION 5A RELATING TO THE POSSESSION
OF KNIVES ON SCHOOL GROUNDS
The vote was unanimously in favor. Motion carried.
An Ordinance Repealing Sections 1000:05, 1000:10 and 1000:15 of
the City Code, Relating to Nuisances and Abatement in Their En-
tirety and Replacing Them With Revised Sections 1000:05A,
1000:10A, 1000:15A Relating to Nuisances and Abatement.
City Manager Ed Shukle explained these ordinances are overlapping
and need combining to simplify their meanings. Johnson wanted
item a of Section 1000:10A, to be amended as follows: "..and
punch boards, unless approved as a legal devise by the State of
Minnsota."
Jensen moved and Smith seconded to approve the following or-
dinance as amended:
ORDINANCE 29-1989 RESOLUTION APPROVING THE AMENDED OR-
DINANCE REPEALING SECTIONS 1000:00,
1000:10, 1000:15 RELATING TO NUISANCES
AND ABATEMENT IN THEIR ENTIRETY AND
REPLACING THEM WITH REVISED SECTIONS
1000:00A, 1000:10A, 1000:15A RELATING TO
NUISANCES AND ABATEMENT.
The vote was unanimously in favor. Motion carried.
RECYCLING UPDATE
City Manager Ed Shukle stated the City had received a bid for
recycling from Waste Management. However, they cannot start un-
til July. The company wants an 18 month contract, and the 80%
refund level from the County is good through 1989. He said
details still needed to be worked. Council stressed their com-
mitment to recycling and directed staff to research a possible
drop off site for the month of June. Notice of this information
will be in the local newspapers next week.
DISCUSSION: Central Business District (CBD) Parking Lot
City Manager Ed Shukle gave the history on this item. He stated
Dakota Rail owns property which the City leases for the CBD park-
ing. The City assesses the CBD for maintenance expense on this
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May 23, 1989
property according to each businesses usage. Dakota Rail wants
to sell this property. Council directed Staff to research fund-
ing and price of property and return the information to Council.
No further action was taken at this time.
Approval of Licenses
Licenses presented for approval were the Mound Fire Department
for the Fish Fry on June 10, 1989, requesting the fee be waived:
Charitable Organization 3.2 Beer Permit
Public Dance Permit
Sign-up Permit
Also, Mound City Days requests the following permits with fees
waived:
Merchant sales
Concessions
Craft shows
Carnival
Fireworks
Motion by Smith, seconded by Jensen to approve the licenses
and permits as listed. The vote was unanimously in favor.
Motion carried.
Payment of Bills
Motion made by Jensen, seconded by Jensen to authorize the
payment of bills as presented on the pre-list in the amount
of $182,224.38, when funds are available. A roll call vote
was unanimously in favor. Motion carried.
I~
Information/Miscellaneous
A. April 1989 Financial Report as prepared by John Norman,
Finance Director.
B. Park Commisson Minutes of May 11, 1989
C. Planning Commission Minutes of May 8, 1989
D. Letter from Janelle Hunt, Community Education Coordinator,
Westonka Public Schools to Mayor Steve Smith
E. LMCD Minutes of April 26, 1989
F. REMINDER: Reconvened Board of Review - Wednesday, May 24,
1989, 7:00 PM
G. REMINDER: Joint Meeting with Public Facilities Task Force,
Thursday, June 1, 1989, 7 PM, City Council Chambers. Task
Force will review formal report with City Council. Please
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May 23, 1989
mark your calendars.
MOTION made by Jessen, seconded by Jensen to adjourn at
11:00 P.M. The vote was unanimously in favor. Motion
carried.
,~'r
Linda Strong, Deputy C y Clerk
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