1995-10-24Mound City Council Minutes October 24, 1995
MINUTES- MOUND CITY COUNCIL- OCTOBER 24, 1995
The City Council of Mound, Hennepin County, Minnesota, met in regular session on
Tuesday, October 24, 1995, at 7:30 PM, in the Council Chambers at 5341 Maywood
Road, in said City.
Persons in attendance: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark
Hanus, Liz Jensen and Phyllis Jessen. Also present: City Attorney Curt Pearson,
Finance Director Gino Businaro, City Manager Ed Shukle, Building Official Jon Sutherland
and Acting City Clerk Linda Strong and the following interested citizens: Catherine and
Jerry Palen, Craig and Nancy Wolfe, Raymond Loehlein, Ken Custer, Terry and Rita
Hughes, Duane Norberg and Bob Baumann.
Mayor Polston opened the meeting and welcomed those in attendance.
The Pledge of Allegiance was recited.
1.1
Approve the Minutes of the October 10, 1995 Regular Meeting and the October
17, 1995 Committee of the Whole Meeting.
MOTION by Jensen, seconded by Hanus and carried unanimously to approve
the Minutes of the October 10, 1995 Regular meeting.
MOTION by Hanus, seconded by Jensen and carried unanimously to approve
the Minutes of the October 17, 1995 Committee of the Whole Meeting.
1.2 RECYCLO'rTO WINNER
Mayor Polston stated that the Jeff Magnuson household had won 150 Westonka Dollars
for recycling on October 17, 1995.
1.3 PUBLIC HEARING: Central Business District (CBD) Parking Assessments.
Mayor Polston opened the public hearing and asked if there was anyone present who
wished to speak regarding the CBD Parking Assessment. There was no one present.
Mayor Polston stated there was a letter from Bill Netka, a member of the CBD, objecting
to this assessment and asked that the hearing be continued until November 14, 1995,
when he could attend the meeting. The Mayor closed the public hearing.
MOTION by Ahrens, seconded by Hanus, and carried unanimously to continue
the public hearing regarding the CBD Parking Assessments until November
14, 1995.
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1.4 PUBLIC HEARING: Delinquent Water and Sewer Assessments.
Mayor Polston opened the public hearing and asked if there was anyone present who
wished to speak regarding the Delinquent Water and Sewer Assessment. There was no
one. The Mayor Closed the public hearing.
Councilmember Ahrens moved and Councilmember Jensen seconded the following
resolution:
RESOLUTION #95-110
RESOLUTION ADOPTING DELINQUENT WATER & SEWER
ASSESSMENT ROLL IN THE AMOUNT OF $47,038.18, TO
BE CERTIFIED TO THE COUNTY AUDITOR AT 8%
INTEREST, LEVY #*~ 13656
The vote was unanimously in favor. Motion carried.
CONSENT AGENDA ITEMS:
The following three resolutions were made by Councilmember Jessen, seconded by
Councilmember Hanus, and carried unanimously:
1.5.
Case 95-45: Craig Wolfe, 4774 Kildare Road, Lots 6-8 & 16-23, Blocks 4 & 10,
Seton, PID 19-117-23 22 0057, Variance for Addition.
RESOLUTION #95-111
RESOLUTION TO APPROVE A VARIANCE RECOGNIZING
AN EXISTING NONCONFORMING LAKESIDE SETBACK TO
ALLOW CONSTRUCTION OF A CONFORMING ADDITION
AT 4774 KILDARE ROAD, LOTS 6, 7 & 8, BLOCK 4 AND
LOTS 18-23, BLOCK 10, SETON, PID #19-117-23 22 0057,
P&Z 95-45.
1.6
Case 95-46: Raymond Loehlein & Tarja Kala, 5982 Bartlett Blvd., Lot 11,
Seifarth's Mound Bay Park, PID 23-117-24 42 0093. Variance for Garage.
RESOLUTION #95-112
RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE
AN EXISTING NONCONFORMING FRONT YARD SETBACK
TO THE DWELLING TO ALLOW CONSTRUCTION OF A
CONFORMING DETACHED GARAGE AT 5982 BARTLETT
BLVD., LOTS 11, SEIFARTH'S MOUND BAY PARK, PID 23-
117-24 42 0093, P&Z #95-46.
1.7
Case 95-48: Terrance & Rita Hughes, 6641 Halstead Avenue, Lot 17, Halstead
Park, PID 22-117-24 43 0025 Variance for Fence Height.
RESOLUTION #95-113
RESOLUTION TO APPROVE A FENCE HEIGHT VARIANCE
AT 6641 HALSTEAD AVENUE, LOT 17, HALSTEAD PARK,
PID #22-117 24 43 0025, P&Z #95-48
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1.8
Case 95-49: Gerald & Catherine Palen, 6345 Bartlett Blvd., Lot 18, Halstead
Heights, PID 22-117-24 44 0033 Variance for Garage.
Building Official Jon Sutherland stated the applicant is seeking a variance to allow
construction of a detached garage that exceeds the height of the principal dwelling on the
same lot. The new garage is intended to serve the dwelling on the lakeside lot, Parcel
A. The applicant owns both lots as noted on the survey as A & B, and considered
placing a garage on Parcel B to serve Parcel A. The Planning Commission
recommended denial of the variance. The applicant was present and provided a new
survey with updated water and sewer information. Through discussion with the Council
and the Building Official and the applicant, it was determined that staff will work with the
applicant to evaluate the options, to reasonably obtain a garage to serve the dwelling on
parcel A. The Building Official will do a preliminary review of the lots for the applicant and
this item will return to the Council.
MOTION by Jensen, seconded by Jessen and carried unanimously to direct
staff to work with the applicant to see if it is feasible to rearrange lot lines to
accommodate a garage on Parcel A.
1.9
Case 95-50: Dennis Batty & Assoc, for Mound Evangelical Free Church, 2117
Commerce Blvd., M&B, Section 14, PID 14-117-24 41 0006.
Variance for Addition.
Councilmember Jensen requested paragraph #3 on the second page of the resolution be
removed as it did not pertain to this item. The Council added "..of the parking lot". to the
end of item ld. They discussed the bituminous surface needed on the proposed gravel
parking lot. The church requested an 18-24 month extension on the permit to obtain
financing for the bituminous surface. It was agreed that the church would do the driveway
at the very end of the project, which gave them about 12 months to prepare. Duane
Norberg and Bob Baumann were present.
Councilmember Hanus moved and Councilmember Ahrens seconded the following
resolution, as amended:
RESOLUTION #95-114
RESOLUTION TO APPROVE VARIANCE TO SIDE
SETBACK, NUMBER OF PARKING SPACES, AND
HARDCOVER TO ALLOW FOR CONSTRUCTION OF AN
ADDITION AT 2117 COMMERCE BLVD., THAT PART OF
SECTION 14, PID #14-117-24 41 0006, P&Z #95-50.
The vote was unanimously in favor. Motion carried.
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Mound City Council Minutes October 24, 1995
1.10 Bid Award: Central Business District (CBD) Snowplowing Bid.
City Manager Ed Shukle stated the only bid the City received was from Widmer Brothers,
as JJJ(e last year, and there was only one increase in the cost of the Tandem Dump truck
of $3 per hour.
Councilmember Jessen moved and Councilmember Ahrens seconded the following
resolution:
RESOLUTION #95- l14A RESOLUTION ACCEPTING AND AWARDING THE BID FOR
1995-96 CBD SNOW REMOVAL TO WlDMER BROS.
The vote was unanimously in favor. Motion carried.
1.11 Motion Cancelling December 26, 1995 Regular City Council meeting and
Rescheduling that Meeting to December 19, 1995.
MOTION by Ahrens, seconded by Jensen, and carried unanimously to
reschedule the regular City Council meeting for December 26, 1995 to
Tuesday, December 19, 1995.
1.12
Resolution Approving An Agreement to Convey an Easement and Authorizing
the Mayor and City Manager to Sign Agreement - Pat & Paul Meisel, 5501
Bartlett Blvd., Lost Lake Improvement Project.
City Manager Ed Shukle stated the City had been working with the Meisels and attomeys
to come to an agreement regarding the City obtaining an easement on the Meisel
property along the Lost Lake Channel for the Lost Lake Dredge project. He stated the
Meisels approved this agreement with the understanding that the downtown Auditor's
Road project is completed in the future. The Council discussed the costs associated with
the conveyance. The Council wanted the date of 10-1-96, (item lc) that was set as the
date the four main businesses must be acquired, to be extended until 12-31-96. The City
Council reviewed the landscape plan for the channel entrance on the Meisel property.
The City Attorney left the meeting to contact the Meisel's attorney to inquire about the
date extension. He returned commenting the Meisel attorney did not object, he would
contact the Meisels.
Councilmember Ahrens moved and Councilmember Hanus seconded the following
resolution with the change of date from 10-1-96 to 12-31-96 for the property acquisition
date:
RESOLUTION #95-116
RESOLUTION APPROVING AN AGREEMENT TO CONVEY
AN EASEMENT AND AUTHORIZING THE MAYOR AND
CITY MANAGER TO SIGN AGREEMENT - LOST LAKE
IMPROVEMENT PROJECT - MEISEL PROPERTY
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Mound City Council Minutes
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The vote was unanimously in favor. Motion carried.
1.13 Petition Requesting the Removal of No Parking Signs on Fairview Lane
Between Maywood Road and Bartlett Blvd, on West Side of Fairview Lane.
City Manager Ed Shukle stated there was a petition requesting the removal of a 'No
Parking" sign located on the west side of Fairview Lane by members of St. John's
Church. Sgt. John McKinley had reviewed the request and recommended approval with
a few conditions regarding the overgrowth along Fairview being trimmed, proper signs for
winter no parking hours and mailbox accessibility. Councilmember Jessen stated there
were no houses on the west side of Fairview Lane, and the parking issue dealt with
Sundays. Previously, parking had been a problem regarding the daycare facility located
in the church. Councilmember Jensen asked if the neighbors had been informed of the
removal. Jessen stated the neighbors had not been informed, but they should be.
MOTION by Hanus, seconded by Jensen, unanimously approved, to direct
staff to discuss the removal of the "No Parking" sign on the west side of
Fairview Lane between the mailbox and Bartlett Blvd., and return to the
Council with information.
At this time in the meeting, City Attorney Curt Pearson had returned from phoning the
attorney for the Meisels (refer to item #1.12 in these Minutes).
1.14 Recommendation from Parks and Open Space Commission RE: Redefining
Standards for Construction on Public Lands.
City Manager Ed Shukle stated that the Parks and Open Space Commission had asked
the Council to redefine the type of stairway required on Commons. The Parks and Open
Space Commission wasn't sure what they were to require. The comments were that it
is very difficult to build a stairway to the Uniform Building Code on the banks needing
stairs due to landscape, tree roots, etc. Councilmember Jessen stated that the stairs
should be built as safe as possible and supported building them to code. Hanus stated
these stairs are on public land, not private land. There are no rules for private lake shore
owners on how to build stairs to the lake. He wants the same rules for everybody.
Ahrens commented on the immensity of new stairs on Commons, large and massive, lots
of railing. Councilmember Hanus asked about the legality of the stairs on Commons, who
is liable? The city attorney would like to review previous opinions regarding the stairs on
commons, and who is liable. He suggested discussing this with the insurance company
and the safety experts and return to the Council with an opinion. The attorney stated that
if a stairway is a private structure on public land, and it is there for the use of the general
public, it is a public stairway.
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Mound City Council Minutes October 24, 1995
MOTION by Polston, seconded by Hanus and carried unanimously to direct
the city attorney to carry out the request of the Parks and Open Space
Commission and address the legal liability of private stairs built on public
lands and to what construction standard should be followed.
1.15
DISCUSSION: Whether or not to schedule a Special Meeting to Continue
Discussion on the Proposed 1996 Budget, place the Item on the November 21,
1995 Committee of the Whole or Discuss at Truth in Taxation Hearing already
Scheduled for December 6, 1995.
Hanus:
"To make it simple, I'd like to be able to make sure that, ah, we can, at
least initially go through the entire budget before we start our public
hearings and so we can have a, to have it somewhat ironed out before we
start opening it up. So, for that reason alone I'd like to see that we get one
more meeting anyway before we start opening it up to the public. I don't
know what anybody is willing to do, whether it be another Monday night or
another Tuesday night or what, but preferably the sooner the better I would
think."
Jensen:
"For whatever it worth, mentioning, the entire General Fund budget, all that
we have left is the Enterprise Fund, which tends not to be quite as ah, the
meaty discussion, I am not that that's appropriate either. But, personally,
I am not interested in scheduling another special meeting for it."
Jessen:
"1 am not either, because we have been through it the other night."
Jensen:
"We got through the entire General Fund Budget, so if there is a need to
discuss, we can always do it at the Committee of the Whole meeting where
we can discuss the Enterprise Funds."
Polston:
"Well I am interested in having another meeting. Therefore I move
December, or November 7th, for a Committee of the Whole Meeting to
discuss the budget.'
Hanus: 'And that is..'
Strong:
"There is an election that day."
Polston: 'How about November 6th?
Ahrens:
"The sixth is a Monday. You are moving the 6th?
Polston: "Yep."
Hanus: 'Second"
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Polston:
Jensen:
Jessen:
Ahrens:
J essen:
Ahrens:
Polston:
Jensen:
Hanus:
Pearson:
Hanus:
Pearson:
Polston:
Polston:
Pearson:
Ahrens:
Polston:
Hanus:
Shukle:
Polston:
Shukle:
"Discussion"
'1 won't be there."
"1 won't either."
"We still have to set a meeting if three of us could be there because we '
"We had three the last time I believe. Yes, you'd have to set a meeting.'
· Three of us can't meet without having an official date?"
"Right."
'We'd have to post it."
"Yeah, how much time do I have for that?"
"You can continue the meeting this evening. You go from this, continue the
evening if you want on November 6th."
"Without republishing?"
"The meeting tonight, instead of adjourning it tonight, you adjourn it to
November 6th, at a certain specified time."
"I'd still like to have it published."
'Do we do it now or at the end of the meeting?"
"At the end of the meeting."
"Linda said she can get it published tomorrow anyway."
'Payment of the Bills."
'1 have two questions."
· Mr. Mayor, may I ask a question? On November 6th do you want to meet
just to discuss the budget at 7:30?"
'Yes.'
"And what are we going to talk about? Are we going to continue the
discussion about the Enterprise Funds or are we going to go back?"
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Mound City Council Minutes October 24, 1995
Polston:
Shukle:
Polston:
Jensen:
Ahrens:
Polston:
Hanus:
Polston:
'General and Enterprise.'
'We are going to back to the beginning again?'
'Right.'
"We already discussed the General Fund. We spent 2 and one half hours
discussing the General Fund. I can't imagine why we need to discuss it
some more."
"1 am sorry, I was ill."
"OK, is there any further discussion on that?"
'Yeah, one other thing on that. I had asked for some information at the last
meeting and that might be a good time, if you have that compiled, to bring
that forward to."
"Payment of the Bills."
MOTION by Mayor Polston, seconded by Councilmember Hanus to continue
this meeting until Monday, November 6, 1995 at 7:30 pm to discuss the
proposed 1996 budget.
1.16 Payment of Bills.
MOTION made by Jensen, seconded by Polston, to authorize the payment of
bills as presented on the pre-list in the amount of $153,939.03, when funds
are available. A roll call vote was unanimously in favor. Motion carried.
Councilmember Hanus asked about the monthly bills from McCombs Frank Roos dealing
with material storage. City Manager Ed Shukle stated the project is still on going, road
construction, maintenance, etc., and when John Cameron spends time he charges hourly.
ADD-ON
1.17 TREE LICENSE
The City Manager stated a company was caught trimming trees with no license, he was
cited by the police and now had applied for a tree removal license. Precision Landscape
and Tree has filed the appropriate documents and license approval is requested.
MOTION by Ahrens, seconded by Jessen and carried unanimously to approve
the tree removal license for Precision Landscape and Tree, Inc. until April 1,
1996, insurance documents have been provided.
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Mound City Council Minutes
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1.18 INFORMATION/MISCELLANEOUS:
A. Financial Report for September 1995 as prepared by Gino Businaro,
Finance Director.
B. Planning Commission Minutes of October 9, 1995.
C. Parks and Open Space Commission Minutes of October 12, 1995.
Notice from the Minnesota Public Utilities Commission RE: Application for
Rate Increase- Minnegasco.
Memo regarding Councilmembers Ahrens' and Hanus' concern regarding
tree trimming on Beachside Road, Three Points.
The City Manager referred to a memo he had prepared regarding this item.
Councilmember Hanus stated that it did not answer his questions. He stated there were
8 trees removed, not one or two as the memo stated and they were not leaning over.
The fill was 3-6 feet from the lake, not 20', and there was no statement in the Shoreland
Management Ordinance that stated a certain distance from the lake where a silt fence
was to be used, as the memo states. Councilmember Hanus felt this was not the real
story. Councilmem ber Ahrens was concerned that the City could just do anything on the
commons, but residents had to have permits. City Manager Ed Shukle stated this is what
he was told by the Parks Director. He would check with the Parks Director as to what
happened.
Ge
REMINDER: Annual Christmas Party, Friday, December 8, 1995, American
Legion.
An Addendum to Association of Metropolitan Municipalities (AMM) 1996
Policies distributed at 10/10/95 regular meeting. Please add this
to your policy booklet.
H. Economic Development Commission Minutes of September 21, 1995
meeting and October 19, 1995 meeting.
Polston:
'Is there any other business to come before the Council? If not, a motion
to adjourn would be in order."
Hanus: 'So moved."
Polston: "Second. Those in favor? Aye"
During the time of the rest of the Council voting City Attorney Curt Pearson stated "You
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Mound City Council Minutes October 24, 199~
need to continue the meeting until November 6th.'
Hanus: 'That's right, we haven't continued that yet.'
Polston: "What do we do now?"
Pearson: 'If you voted on it, you can withdraw it."
Polston: "We need to continue this meeting until 7:30 PM, November 6th to discuss
General Fund and Enterprise Fund Budget.'
Hanus: "Second."
Polston: "Discussion. All in favor, say aye.
At this time Ahrens was speaking and the recorder heard two male ayes and one female
Polston:
Jensen:
Polston:
"Opposed"
"Aye"
"Motion carries."
There was some discussion between Jensen and Jessen and Jensen said to Jessen,
'Do you want to change your vote?" Jessen said, 'Yes, I am changing my vote, I am
opposing. I have been through one of those."
MOTION by Polston, seconded by Hanus to continue this meeting until
Monday, November 6, 1995 at 7:30 pm to continue the discussion of the 1996
proposed budget. The motion carried with a 4-1 vote, Jessen voting nay.
At 9:55 PM, the October 24, 1995 City Council meeting was continued until Monday,
November 6, 1995 at 7:30 pm.
~ 17 ~ C~ltY~nage~ ~
Attest! Acting City
521
BILLS October 24, 1995
Batch 5102
Total Bills
$153,939.03
$153,939.03
522