1995-12-12 MINUTES- MOUND CITY COUNCIL- DECEMBER 12, 1995
The City Council of Mound, Hennepin County, Minnesota, met in regular session on
Tuesday, December 13, 1995, at 7:30 PM, in the Council Chambers at 5341 Mayw0od
Road, in said City.
Persons in attendance: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark
Hanus, Liz Jensen and Phyllis Jessen. Also present were: City Attorney Curt Pearson,
Building Official Jon Sutherland, City Manager Ed Shukle and Acting City Clerk Linda
Strong. The following interested citizens were also present: Steve Kelm, Randy Lee,
Pamela K. Anderson, Dennis and Shirley Flack, Jerry and Catherine Palen, R. Motyko,
Peter Johnson, Leah Weycker, Marty and Marie Johnson.
The Mayor called the meeting to order.
The Pledge of Allegiance was recited.
1.1
APPROVE THE MINUTES OF THE NOVEMBER 28, 1995 REGULAR MEETING,
THE DECEMBER 6, 1995 TRUTH IN TAXATION (BUDGET MEETING).
Mayor Polston stated page 2 had been amended by the city attorney.
MOTION by Jensen, seconded by Hanus and carried unanimously to approve
the Minutes of the November 28, 1995 regular Council meeting as amended.
MOTION by Hanus, seconded by Ahrens to approve the Minutes of the
December 6, 1995 Truth in Taxation meeting. The vote was 4 to O, Jessen
abstained. Motion carried.
1.2
PUBLIC HEARING: TO CONSIDER THE ISSUANCE OF A CONDITIONAL USE
PERMIT TO ALLOW FOR A WARMING HOUSE AND TWO OUTDOOR SKATING
RINKS ON PROPERTY ASSOCIATED WITH A PUBLIC SCHOOL AT 5600
LYNWOOD BLVD.
Building Official Jon Sutherland reviewed the staff report for the Council stating the school
district and the hockey association had applied for a Conditional Use Permit to allow a
15' x 21' warming house, an outdoor hockey rink, an outdoor recreational skating rink,
and lights for the hockey rink to be located on school property at 5600 Lynwood, just west
of the Pond Arena. Staff and Planning Commission has unanimously approved the
request.
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Minutes - Mound City Council
December 12, 1995
Mayor Polston opened the public hearing asking if there was anyone present who wished
to speak regarding this item.
Peter Johnson, 3140 Priest Lane,stated he was with the hockey organization and
stressed the need for the rinks and warming house.
Pamela K. Anderson, 4100 Enchanted Lane, stated she was the President of the Mound
Westonka Hockey Association. She apologized for starting the project before obtaining
a permit; they were not aware of the requirement and wants the project to be done to
code. She mentioned the need for the community as it pertains to additional skating
facilities.
The Mayor closed the public hearing. The Council discussion included the lighting plan
which had not yet been submitted. The resolution was amended at lB to include the
following, 'Prior to the issuance of a building permit a lighting plan must be submitted by
the applicant." Parking was discussed. The Building Official stated the City Planner had
looked at the parking issue and felt there would be no problems. Council felt that the
Conditional Use Permit should be reviewed at the end of the season to see if there were
parking problems.
Councilmember Ahrens moved and Councilmember Hanus seconded the following
resolution as amended regarding the lighting and a review of the parking after the season:
RESOLUTION #95-120
RESOLUTION TO APPROVE A CONDITIONAL USE
PERMIT TO ALLOW FOR A WARMING HOUSE AND
TWO OUTDOOR SKATING RINKS WITH LIGHTS ON
PROPERTY ASSOCIATED WITH A PUBLIC SCHOOL
AT 5600 LYNWOOD BLVD. P&Z #95-52.
The vote was unanimously in favor. Resolution carried.
1.3
CASE #95-49: GERALD AND CATHERINE PALEN, 6545 BARTLE'n' BLVD.,
LOT 18, HALSTEAD HEIGHTS, PID ~22-117-24 44 0033. VARIANCE FOR A
GARAGE.
Building Official Jon Sutherland reviewed this issue with the Council 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 Zoning Ordinance does not allow this. The
applicants own two parcels referred to as parcel A on the lakeshore and parcel B
between parcel A and Bartlett Blvd. The garage is planned to go on parcel B to serve
the main dwelling on Parcel A. A suggestion was to lower the roof line on the garage,
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Minutes - Mound City Council
December 12, 1995
the applicants did not approve of this. The proposed garage is conforming to all
setbacks. Staff recommended approval. The Planning Commission recommended
denial. Staff was directed to work with the applicant. Jon and the City Planner discussed
in depth. CouncJlmember Hanus and Ahrens supported the re-subdividing of the two
parcels so parcel A would have enough area to build the proposed garage. Ahrens and
Hanus were not in favor of building a garage on parcel B to serve parcel A. The
subdivision of the the properties was not supported by staff. The original request for a
garage height variance is back before the Council. The Council discussed resubdividing,
combining the two parcels and the eventual removal of the dwelling on parcel B.
Councilmembers Jensen and Jessen agreed to the approval of a garage height variance
thus keeping the two parcels tied together.
MOTION by Jensen, seconded by Jessen to approve the garage height
variance request. The vote carried 3 - 2, with Hanus and Ahrens voting nay.
A resolution will be in the Council packet at the December 19, 1995 council meeting.
1.4
RESOLUTION APPROVING THE 1996 BUDGET AND TAX LEVY FOR 1996
(REVISED PAGES AND RESOLUTION WILL BE HANDED OUT AT TUESDAY'S
MEETING).
City Manager Ed Shukle referred to his memo regarding the budget changes the Council
had requested. The amended pages of the budget were attached along with the
resolution for approval of the 1996 budget. The expenditures are now less than the
revenues. Mayor Polston thanked the staff and Council for working to come up with this
revised budget and a reduction of $32,000.
Councilmember Hanus moved and Councilmember Jessen seconded the following
resolution:
RESOLUTION #95-121
RESOLUTION APPROVING THE FINAL 1996
GENERAL FUND BUDGET IN THE AMOUNT OF
$2,443,830; SETTING THE LEVY AT $1,850,295;
LESS THE HOMESTEAD AGRICULTURAL CREDIT
(HACA) OF $485,095, RESULTING IN A FINAL
CERTIFIED LEVY OF $1,365,200 APPROVING THE
OVERALL BUDGET FOR 1996.
The vote was unanimously in favor. Resolution carried.
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Minutes - Mound City Council
December 12, 1995
1.5
APPROVAL OF PERMANENT EASEMENT AND AUTHORIZING MAYOR AND
CITY MANAGER TO SIGN AND EXECUTE EASEMENT AGREEMENT RE:
COSSETTE PROPERTY/GLASS PLUS PROPERTY, 5533 SHORELINE DRIVE -
AUDITOR'S ROAD IMPROVEMENT PROJECT (HANDOUTS WILL BE PROVIDED
AT TUESDAY'S MEETING).
The City Manager stated that documents were not yet available on this item and he asked
that the item be returned to the Council at the December 19, 1995 meeting.
1.6 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT.
There were none.
1.7
APPROVAL OF AN ORDINANCE GOVERNING TELECOMMUNICATIONS OR
RELATED SERVICES IN THE PUBLIC GROUND OF THE CITY OF MOUND.
City Attorney Curt Pearson stated this model resolution was recommended by the League
of Minnesota Cities for all municipalities to adopt. Thus, creating a solid environment for
telecommunication companies to operate within. The Planning Commission had reviewed
the proposed ordinance and recommend approval.
Councilmember Jensen moved and Ahrens seconded the following:
ORDINANCE #76-1995
AN ORDINANCE GOVERNING THE CONSTRUCTION,
INSTALLATION, OPERATION, REPAIR,
MAINTENANCE, REMOVAL, AND RELOCATION OF
FACILITIES AND EQUIPMENT USED FOR THE
TRANSMISSION OF TELECOMMUNICATIONS OR
RELATED SERVICES IN THE PUBLIC GROUND OF
THE CITY OF MOUND.
The vote was unanimously in favor. Ordinance adopted.
1.8
SET BID OPENING RE: FIRE TANKER APPARATUS MODIFICATION.
SUGGESTED DATE: DECEMBER 27, 1995, 11 AM.
MOTION by Ahrens, seconded by Polston and carried unanimously to set
December 27, 1995, 11 am for the bid opening for the fire tanker apparatus
modification bids.
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Minutes - Mound City Council
December 12, 1995
1.9
APPROVAL OF PAYMENT REQUEST NO. 2, MOUNDflVIINNETRISTA PUBLIC
WORKS MATERIAL STORAGE PROJECT TO IMPERIAL DEVELOPERS IN IHE
AMOUNT OF $44,014.23.
City Manager Ed Shukle stated this payment request was for the work completed through
November 1995 at the joint Mound/Minnetrista Public Works storage site.
MOTION by Jessen, seconded by Jensen and carried unanimously to approve
the payment request of Imperial Developers in the amount of $44,014.23 for
work done through November 1995 at the Mound/Minnetrista Public Works
storage site.
1.10 APPROVAL OF PAYMENT REQUEST FROM SUMMER HILL TREE FARM,
MOUND/MINNETRISTA PUBLIC WORKS MATERIAL STORAGE PROJECT.
City Manager Ed Shukle stated this payment request was for landscape work done at the
Mound/Minnetrista Public Works material storage site. This was to appease neighboring
property owners.
MOTION by Ahrens, seconded by Hanus and carried unanimously to approve
payment to Summer Hill Tree farm in the amount of $8850 for landscaping
done at the Mound/Minnetrista Public Works storage site.
1.11
PAYMENT OF BILLS.
MOTION made by Jensen, seconded by Jessen to authorize the payment of
bills as presented on the pre-list in the amount of $354,590.61, when funds
are available. A roll call vote was unanimously in favor. Motion carried.
1.12
INFORMATION/MISCELLANEOUS
A. DEPARTMENT HEAD MONTHLY REPORTS FOR NOVEMBER 1995.
B. LMCD REPRESENTATIVE'S MONTHLY REPORT FOR NOVEMBER 1995.
(HAND OUT TUESDAY) There were no meetings in November.
C. MEMO FROM MINNEHAHA CREEK WATERSHED DISTRICT RE: NEW
LOCATION AT FRESHWATER FOUNDATION.
D. PLANNING COMMISSION MINUTES OF 11-27-95.
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Minutes - Mound City Council
December 12, 1995
Fo
Ho
LETTER DATED 11/29/95 FROM MIKE OPAT, HENNEPIN COUNTY
COMMISSIONER, REGARDING OUR LETTER SUPPORTING
CONTINUED FUNDING FOR SENIOR COMMUNITY SERVICES.
HENNEPIN COUNTY WAYS AND MEANS COMMITTEE APPROVED A
1996 BUDGET AMENDMENT THAT WILL RESTORE $66,831 TO THE
SENIOR COMMUNITY SERVICES CONTRACT.
MEMO DATED DECEMBER 5, 1995 FROM BEN WITHHART, SENIOR
COMMUNITY SERVICES THANKING US FOR CONTACTING THE
COUNTY BOARD RE: CONTINUED SENIOR SERVICES SUPPORT.
REMINDER: DECEMBER 13, 1995 - CONTINUED BUDGET HEARING
HAS BEEN CANCELLED DUE TO COUNCIL'S DIRECTION AT THE
DECEMBER 6, 1995 TRUTH IN TAXATION HEARING.
REMINDER: SECOND COUNCIL MEETING OF DECEMBER CHANGED
FROM 12-26 TO 12-19, 7:30 PM.
REMINDER: MAYOR POLSTON AND COUNCILMEMBER JENSEN WILL
BE ATTENDING A WORKSHOP ON WESTONKA COMMUNITY CENTER
SCHEDULED FOR DECEMBER 14TH, 7:30 PM, COMMUNITY CENTER.
MEMO DATED 12/6/95 FROM LEAGUE OF MINNESOTA CITIES
REGARDING APPOINTMENTS TO THE 1996 NATIONAL LEAGUE OF
CITIES (NLC) POLICY AND STEERING COMMITTEES. IF YOU ARE
INTERESTED IN BEING APPOINTED, PLEASE CONTACT LINDA AS
SOON AS POSSIBLE.
1.14 Flack vs. City of Mound Litigation
City Attorney Curt Pearson requesting permission to prepare a letter to the Council laying
out the options they may review relating to this case. He requested the Council go into
Executive Session to briefly discuss. The Council went into executive session at 9:05
PM.
At 9:30 pm, the Council returned from the Executive Session. They directed the City
Attorney to prepare a memorandum listing the options before the Council. He is to
prepare this for the December 19, 1995 meeting.
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Minutes - Mound City Council Dec~mber 12, 1995
MOTION by densen, seconded by Polston, and carried unanimously to adjourn
the meeting. The meeting was adjourned at 9:40 PM.
~a~nage~:~
Attest: Acting City Clerk ~:/
587
BILLS December 12, 1995
BATCH 5113 $110,162.98
BATCH 5114 244,427.63
Total Bills $354,590.61
589