1989-10-24I69
October 24, 1989
MINUTES - MOUND CITY COUNCIL - OCTOBER 24, 1989
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, October 24, 1989, following the Board
of Review, in the Council Chambers at 5341 Maywood Road, in said
City.
Those present were: Mayor Steve Smith, Councilmembers Andrea Ah-
rens, Liz Jensen, Phyllis Jessen and Skip Johnson. Also present
were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark,
Attorney Curt Pearson, City Planner Mark Koegler and the follow-
ing interested citizens: Bryan Clem, Brian Johnson, Jack & Kay
Ostvig, Doug & Donna Easthouse, Larry Wagner, Myrt & Skip Blank,
Mrs. Robert Lyckholm, David Zawada, Bonnie Engle, Todd Gray,
Duane Barth, Bruce McComb, Marcy Lemmon, and Scot McKenzie
The Mayor opened the meeting and welcomed the people in atten-
dance.
The Pledge of Allegiance was recited.
MINUTES
MOTION made by Jensen, seconded by Ahrens to approve the
minutes of the October 10, 1989, Regular Meeting and the Oc-
tober 19, 1989, Committee of the Whole Meeting, as sub-
mitted. The vote was unanimously in favor. Motion carried.
PUBLIC HEARING: DELINQUENT UTILITY BILLS
City Manager Ed Shukle explained that the revised amount was
$2,989.90. The Mayor opened the Public Hearing. James Anderson,
4781 Aberdeen Road asked if he could make arrangements to pay his
outstanding $148.32 utility bill. The Council instructed him to
contact Finance Director John Norman tomorrow morning. The Mayor
closed the Public Hearing.
Johnson moved and Jessen seconded the following resolution:
RESOLUTION 89-133 RESOLUTION TO APPROVE THE DELINQUENT
UTILITY BILLS IN THE AMOUNT OF $2,841.58
AND AUTHORIZING THE STAFF TO SHUT-OFF
WATER SERVICE TO THOSE ACCOUNTS
The vote was unanimously in favor. Motion carried.
REQUEST FOR EXTENSION OF RESOLUTION #87-182 FOR MR. & MRS. ROLAND
MC ALLISTER
Jessen moved and Johnson seconded the following resolution:
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October 24, 1989
RESOLUTION #89-134 RESOLUTION TO APPROVE THE EXTENSION OF
RESOLUTION #87-182 FOR ONE YEAR
The vote was unanimously in favor. Motion carried.
CASE #89-844: SCOT MC RENZIE. 4861 HANOVER ROAD, LOTS 6 & 15,
BLOCK 16, DEVON, PID #25-117-24 11 0061/0062,
FENCE HEIGHT VARIANCE
The City Planner explained the request. He stated that the fence
in some places is as high as 92 to 101 inches from the adjoining
grade. The allowable height is 72 inches, except when a fence is
placed on top of a retaining wall then the maximum height is 42".
The Planning Commission is working on changes in the fence or-
dinance. The Planning Commission recommended denial of the
request because they felt there was a lack of hardship.
Mr. McKenzie was present and stated he wants the high fence due
to the appearance of his neighbors yard.
MOTION made by Jensen, seconded by Jessen to direct the City
Attorney to prepare a resolution of denial for the fence
height variance, 4861 Hanover Road, Lots 6 & 15, Block 16,
Devon, PID #25-117-24 11 0061/0065 and bring back to the
next Council Meeting. The vote was unanimously in favor.
Motion carried.
CASE #89-845: BRUCE MC COMB, 3005 BRIGHTON BLVD. HOUSE MOVING -
TO 4723 CUMBERLAND ROAD. NORTH 101 OF LOT 38 & W
1/2 OF LOT 39, BLOCK 10, PEMBROKE, PID #19-117-23
33 0195
The City Planner explained the request. The Planning Commission
recommended approval subject to alterations, replacements and
repairs being made to the structure prior to relocation. They
also recommended requiring a bond at 125% of the proposed
finished value of the house to ensure completion of the project.
Mr. McComb was present and explained his proposal to the Council.
The Council discussed the procedures involved in moving a house.
The ordinance is vague and does not set out a policy an how these
issues should be handled. They discussed notification of all
persons within 350 feet of the proposed site where the house is
to be moved and decided that those people should be notified
also.
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MOTION made by Jensen, seconded by Ahrens to table this
issue until the November 28, 1989, Council Meeting and refer
the item back to the Planning Commission for a public hear-
ing and notify all the property owners within 350 feet of
the proposed site where the house would be moved. The vote
was unanimously in favor. Motion carried.
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October 24, 1989
REQUEST TO BUILD DECK AND STAIRWAY WITHIN A SCENIC EASEMENT, 2920
HIGHLAND COURT, FOR CREATIVE DEVELOPERS (DUANE BARTH)
The City Planner explained the request. The Planning Commission
recommended approval upon the condition that an erosion control
measure, acceptable to the City, be placed under the deck.
Mr. Barth, developer and Mr. Gray owner of the property were
present and agreed with the Planning Commission recommendation.
Johnson moved and Jessen seconded the following resolution:
RESOLUTION #89-135 RESOLUTION TO ALLOW BUILDING A DECK
WITHIN A SCENIC EASEMENT AS PER EXHIBIT
A, PROVIDED THAT AN EROSION CONTROL
MEASURE, ACCEPTABLE TO THE CITY, BE
PLACED UNDER THE DECK, 2920 HIGHLAND
COURT, LOT 2, BLOCK 1, COBBLESTONE COVE,
PID #23-117-24 41 0028
The vote was unanimously in favor. Motion carried.
UPDATE FROM CITY ATTORNEY ON MELVIN ZUCRMAN CASE
The City Attorney suggested that the Council defer this item for
one month, until the November 28, 1989, Council Meeting.
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT
Matthew Phillippi, owner of property at 4519 Manchester Road
stated he has a problem with a driveway easement. The Council
suggested he contact Building Official, Jan Bertrand and work
with her.
CONSIDERATION OF RELOCATING COMMONS DOCKS AT AVALON PARR
The City Clerk explained the background. The following persons
spoke with regard to the issue: Kay & Jim Ostvig, Brian Johnson,
Doug Easthouse, Cliff Schmidt, Bryan Clem, Mrs. Robert Lyckholm,
Dave Zawada.
The Council discussed holding a public hearing on the Avalon Park
dockage issue.
The City Attorney explained that the Dock ordinance provides for
the Park Commission to review the dock location map between July
1 and December 1 before each new boating season so their recom-
mended changes may be referred to and considered by the City
Council on or before January 15. The City Manager stated the
Park Commission will be reviewing the dock location map at their
November 9th meeting.
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October 24, 1989
The Council asked the newspapers to publicize the Park Commission
Meeting on November 9th alerting all residents of the review of
the dock location map to gain input from people for and against
docks in park areas.
RESOLUTION TO APPOINT RESPONSIBLE AUTHORITY FOR THE MINNESOTA
DATA PRACTICES ACT
The City Attorney explained that this resolution is to comply
with the State Law regarding the Data Practices Act. It appoints
Edward J. Shukle, Jr. as the Responsible Authority and Designees
Francene C. Clark and Leonard Harrell. In the next few weeks he
will be bringing the procedures to follow for the Council to
review.
Jensen moved and Johnson seconded the following resolution:
RESOLUTION #89-136 RESOLUTION TO APPOINT RESPONSIBLE
AUTHORITY FOR THE MINNESOTA DATA PRAC-
TICES ACT
The vote was unanimously in favor.
CONSIDERATION OF RESOLUTION ZONE ON PART OF EAST SIDE OF DICREN3
LANE
The City Manager explained that a resident has expressed a safety
concern about having a parked car on the east side of Dickens
Lane when traveling north up the hill and not being able to see
if there is oncoming traffic before the crest of the hill. The
Police Dept. and Public Works have reviewed the situation and
recommend that there be no parking on the east side of Dickens
Lane from the NSP pole south of 2900 Dickens Lane to the rock in
front of 2930 Dickens Lane.
Ahrens moved and Johnson seconded the following resolution:
RESOLUTION #89-137 RESOLUTION DESIGNATING NO PARKING ZONE
ON PART OF EAST SIDE OF DICKENS LANE
The vote was unanimously in favor. Motion carried.
SET PUBLIC HEARING FOR THE PRESENTATION OF 1990 BUDGET AND DATE
FOR THE RECONVENING OF BUDGET HEARING
MOTION made by Johnson seconded by Jensen to set the
Tuesday, November 28, 1989, at 7:30 P.M. for the Budget
Hearing and Tuesday, December 5, 1989, at 7:30 P.M. for the
Reconvened public hearing on the 1990 budget. The vote was
unanimously in favor. Motion carried.
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October 24, 1989
PETITION FROM MRS. SANDY BASTIEN, 2541 LAREWOOD LANE - RE:
SANITARY SEWER CONNECTION
The City Manager explained that when the property at 2541
Lakewood Lane was connected to the sanitary sewer there were two
lots and the home at 2541 Lakewood Lane was connected to the
wrong connection. A new home has now been built on the vacant
lot and it is necessary for this home to be connected to the
service which is currently being utilized by the property at 2541
Lakewood Lane. The property owner has agreed to correct this
error by connecting to the proper sewer service connection, but
wishes to have the cost assessed to her property over the next
ten years at 8~ interest. The property owner has executed a
petition for local improvement, has signed an agreement to
special assessments, and has executed a temporary construction
easement. The estimated cost of this project is not to exceed
$2,000.
Jessen moved and Johnson seconded the following resolution:
RESOLUTION #89-138 RESOLUTION OF AGREEMENT OF ASSESSMENT
AND WAIVER OF IRREGULARITY AND APPEAL -
2541 LAREWOOD LANE - CONNECTION TO
SANITARY SEWER
The vote was unanimously in favor. Motion carried.
CONSIDERATION OF PROPOSED POLICY ON APPOINTMENTS TO THE CITY'S
PLANNING, PARRS AND ECONOMIC DEVELOPMENT COMMISSIONS
The Council discussed the proposed policy on appointments and/or
reappointments to the Planning Commission, Park Commission and
the Economic Development Commission. The proposed policy is as
follows:
"The City Council of the City of Mound, Minnesota, hereby
establishes the following policy:
Definitions of "Vacancy": A vacancy occurs when a term
expires and the commissioner holding that term does not desire
reappointment. A vacancy also occurs when a commissioner resigns
his/her position prior to the term expiring.
1. When a vacancy occurs, the City Manager is directed to
advertise in the City's official newspaper that there
are positions to be filled on a commission(s). Such
advertising shall be done in the form of a "news
release".
2. Such news release shall include, but not be limited to,
the number of vacancies, the length of the term, or
request for letter of interest and/or resume,
application deadline date, etc. The news release shall
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October 24, 1989
also state that prospective applicants will be required
to interview with the City Council and respective
commission jointly. Such interviews will be conducted
as soon as possible following the application deadline.
Each commission will formally recommend appointments
following the joint interviews. The City Council will
review those recommendations and will be responsible
for making the appointments.
3. Current commission members who wish to be reappointed
must indicate such and the reasons for being
reappointed in writing a minimum of sixty (60) days
prior to their term expiring.
4. If a member resigns during his/her term, such
resignation must be in writing and submitted to the
City Manager.
5. In the case of member resigning with less than ninety
(90) days remaining on his/her term, the City Council,
at its discretion, may delay filling the vacancy until
the term officially expires."
Jensen moved and Johnson seconded the following resolution:
RESOLIITION #89-139 RESOLUTION APPROVING A POLICY ON
APPOINTMENTS AND REAPPOINTMENTS TO
ADVISORY COMMISSIONS
The vote was three in favor with Ahrens and Smith voting nay.
Motion carried.
AN ORDINANCE AMENDING SECTIONS 255:05 AND 260:10 RELATING TO
QUALIFICATIONS FOR PARR ADVISORY AND ECONOMIC DEVELOPMENT
COMMISSIONS
Since the above policy was approved ordinance sections 255:05 and
260:10 need to be amended to reflect the change in policy.
Jessen moved and Jensen seconded the following ordinance:
ORDINANCE #36-1989 AN ORDINANCE AMENDING SECTIONS 255:05
AND 260:10 RELATING TO QUALIFICATIONS
FOR PARR ADVISORY AND ECONOMIC
DEVELOPMENT COMMISSIONS
The vote was three in favor with Ahrens and Smith voting nay.
Motion carried.
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October 24, 1989
PAYMENT OF BILLS
MOTION made by Jessen, seconded by Jensen to authorize the
payment of bills as presented on the pre-list in the amount
of $130,274.54, when funds are available. A roll call vote
was unanimously in favor. Motion carried.
CBD SNOW REMOVAL BID
The City Manager explained that only one bid was received from
Widmer Bros. for the Central Business District snow removal for
1989-90. It is the same amount as the 1988-89 bid, as follows:
Rubber Loader Model 66 Kawasaki (4 yd.) 78.00/hr.
2 - 950 Cat (3 yd.) 72.00/hr.
Road Patrol Model 14 Cat Blade 60.00/hr.
2 - T Dump Trucks with Plow & Sander 48.00/hr.
Pickups with Plows 44.00/hr.
Dump Trucks 45.00/hr.
Bobcat 58.00/hr.
Salt-Sand Mixture 35.00/yd.
L
Smith moved and Johnson seconded the following resolution
RESOLUTION #89-140 RESOLUTION ACCEPTING AND AWARDING THE
BID FOR 1989-90 CBD SNOW REMOVAL TO
WIDMER BROS.
The vote was unanimously in favor. Motion carried.
INFORMATION/MISCELLANEOUS:
A. Financial Report for September as prepared by John Norman,
Finance Director.
B. L.M.C.D. Mailings.
C. Planning Commission Minutes of October 9, 1989.
D. Park Commission Minutes of October 12, 1989.
E. AMM Legislative Policy Adoption Meeting to be held Thursday,
November 2, 1989, 5:45 P.M., at the Minneapolis Metrodome
Hilton.
F. League of Minnesota Cities Policy Adoption Meeting to be
held Thursday, November 16, 1989, 8:00 A.M., at Hotel
Sofitel, Bloomington.
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October 24, 1989
G. Invitation from the Legislative Commission on Minnesota
Resources to attend a conference focusing on the future of
the environmental trust fund entitled, "Natural Resource
Congress". This will be held Saturday, October 28, 1989,
10:00 A.M. to 5:30 P.M., State Office Building, St. Paul.
There is no charge.
MOTION made by Ahrens, seconded by Jensen to adjourn at
10:40 P.M. The vote was unanimously in favor. Motion
carried.
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Edward J. hu , Jr., Ci Manager
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Fran Clark, CMC, City Clerk
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