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1998-02-10MINUTES- MOUND CITY COUNCIL - FEBRUARY 10, 1998 MINUTES - MOUND CITY COUNCIL - FEBRUARY 10~ 1998 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, February 10, 1998, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, and Leah Weycker. Absent and excused was Councilmember Liz Jensen. Also in attendance were: City Manager Edward J. Shukle, Jr., City Attorney John Dean, Public Works Supt Greg Skinner, former Fire Chief Steve Erickson, current Fire Chief Greg Pederson and City Clerk Fran Clark and the following interested citizens: Eileen Heitz, Jeanette Maas, Marilyn Byrnes, Wanda Martens, Violet Sollie, Roberta Flatten, Tom Casey, John Kraayerbrink, Steve Johnson, Brian Beniek, John Gabos, Barb Casey, Wes & Rene LaFortune, Larry Heitz, Christine Valerius, Gretchen Smith, Gene Smith, Becky Cherne, Greg Knutson, Paul Jereczek, Bev Botko, Gina & Mark Smith and Keith Foerster. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. *Consent Agenda: All items listed under the Consent Agenda are considered to be routine by the Council and will be enacted by a roll call vote. There will be no separate discussion of these items unless a Councilmember or Citizen so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. APPROVE AGENDA. At this time items can be added to the Agenda that are not listed and/or items can be removed from the Consent Agenda and voted upon after the Consent Agenda has been approved. *CONSENT AGENDA MOTION made by Ahrens, seconded by Weycker to approve the Consent Agenda as presented. A roll call vote was unanimously in favor. Motion carried. *1.0 APPROVE THE MINUTES OF THE JANUARY 27, 1998, REGULAR MEETING. MOTION Ahrens, Weycker, unanimously. *1.1 APPOINTMENT OF ASSISTANT WEED INSPECTOR. RES. # 98-17 RESOLUTION TO APPOINT JIM FACKLER ASSISTANT WEED INSPECTOR FOR 1998 Ahrens, Weycker, unanimously. AS 60 MINUTES- MOUND CITY COUNCIL - FEBRUARY I0, 1998 '1.2 RESOLUTION APPROVING A PREMISES PERMIT RENEWAL APPLICATION FOR THE VFW POST//5113 - MOUND. RES. # 98-18 RESOLUTION APPROVING A PREMISES PERMIT RENEWAL APPLICATION FOR THE VFW POST #5113 - MOUND Ahrens, Weycker, unanimously. *1.3 BID AWARD: RES. g98-19 1998 ONE TON DUMP W/PLOW AND SANDER. RESOLUTION TO APPROVE THE BID OF THURK BROS. FOR THE 1998 1 TON TRUCK 9' BED WITH SANDER AND V-PLOW IN THE AMOUNT OF $35,981.00 Ahrens, Weycker, unanimously. *1.4 CASE g98-02: STEVE & PAM ,JOHNSON, 6041 RIDGEWOOD ROAD, LOT 21, BLOCK 6, THE HIGHLANDS, PID #23-11%24 34 0002 - VARIANCE REQUEST: ADDITION TO HOME. RES. g98-20 RESOLUTION TO APPROVE A FRONT YARD SETBACK VARIANCE FOR A NONCONFORMING GARAGE AND TO CONSTRUCT A CONFORMING SECOND STORY ADDITION AT 6041 RIDGEWOOD ROAD, LOT 21, BLOCK 6, THE HIGHLANDS, PID 23-11%24 34 0002, P & Z CASE//98-02 Ahrens, Weycker, unanimously. '1.5 ORDINANCE EXTENDING MORATORIUM REGARDING THE REGULATING OF TRANSMISSION AND RECEPTION FACILITIES OF COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES. ORD.//95-1998 AN ORDINANCE EXTENDING MORATORIUM REGARDING THE REGULATING OF TRANSMISSION AND RECEPTION FACILITIES OF COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES Ahrens, Weycker, unanimously. '1.6 LICENSE RENEWALS - GARBAGE HAULERS. The following licenses are up for renewal. The license period is March 1, 1998 through February 28, 1999. Approval is contingent upon all required forms, insurance, etc. being submitted. 61 Garbage MINUTES- MOUND CITY COUNCIL - FEBRUARY 10, 1998 Best Disposal Blackowiak & Son Randy's Sanitation Westonka Sanitation BFI of Minnesota (formerly Woodlake Sanitation) Ahrens, Weycker, unanimously. MOTION '1.7 1.8 PAYMENT OF BILLS. MOTION Ahrens, Weycker, unanimously. PETITION TO REMOVE STREET LIGHT AT THE INTERSECTION CAMBRIDGE LANE AND BEDFORD ROAD The City Manager explained that last summer a petition was received from residents of this area requesting this light. The Staff reviewed the request, talked to the neighborhood and recommended that a light be installed. The light was installed. Now we have a petition from some of the neighbors requesting the light be removed because they feel it is intrusive. He explained that attempts were made by NSP to put a shield on the light, but some neighbors did not feel this was adequate. The Council asked if the light could be moved. The Public Works Supt. stated that is could be moved but it would not provide adequate lighting for some of the people who had petitioned to have it installed. The following persons spoke in favor of removing the street light for the following reasons: 1. Violet Sollie 2. Wanda Martens 3. Roberta Flatten 4. Tom Casey 2. 3. 4. 5. REASONS: Don't need it. Waste of taxpayers money. Shines into homes and yards. Can't see the stars. They would like to work this out in the neighborhood with private directional lighting. The following persons spoke or submitted letters in favor of leaving the street light as it is: 1. Pauline Doherty 2. Marilyn Byrnes 62 MINUTES- MOUND CITY COUNCIL - FEBRUARY I0, 1998 3. Genevieve Carlson 4. Robert Carlson 5. Larry Hietz The Council discussed the light but did not feel there were strong arguments to remove it. They would rather see the neighborhood work this out together before making a decision to remove or leave the light where it is. MOTION made by Hanus and seconded by Ahrens to leave the light the way it is and have Staff work with NSP and the neighborhood to f'md an equitable solution for both sides. The vote was unanimously in favor. Motion carried. 1.9 PRESENTATION OF 1997 ANNUAL REPORTS: JIM FACKLER, PARKS DIRECTORi GREG SKINNER, PUBLIC WORKS SUPERINTENDENTi STEVE ERICKSON, FORMER FIRE CHIEFi AND FRAN CLARK, CITY CLERK The City Manager explained that Jim Fackler, Parks Directors was ill and was not here for his annual report. The following Department Heads presented their 1997 annual reports to the City Council: Greg Skinner, Public Works Superintendent; Steve Erickson, Former Fire Chief; and Fran Clark, City Clerk. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. There were none. 1.10 PROPOSED CIGARETTE ORDINANCE AMENDMENT. The City Clerk explained the proposed ordinance amendment that would bring the City into compliance with the new State Law with regard to discouraging underage tobacco usage and issuing Cigarette Licenses. The Council discussed the new State legislation and unfunded mandates. Some of the Council did not agree with training minors to do compliance checks. The Council asked if there are other options than adopting this ordinance. The City Attorney stated that he thinks the purpose of this Statute was to give cities the authority to do this kind of compliance check, not to mandate them. He would like to have time to research this further. Chris Valafius, owner of Mainstreet Market, stated she is not in favor of this ordinance amendment because the state already does these compliance checks. She also does not like the section on prohibiting self-service of all tobacco products because she will lose the payments for the multiple pack self-service displays in her store. The Council discussed the duplication of having the State and the City doing compliance checks. The City Attorney advised that according to the Statute if we are going to be the licensing authority, we have to adopt this ordinance. It appears that if we chose not to be the licensing authority, then the County will have to be the licensing authority. He would like time to research this also. 63 MINUTES- MOUND CITY COUNCIL - FEBRUARY 10, 1998 The Mayor stated that he wants to insure that the City is not adopting an ordinance that is duplicating compliance checks, if, in fact the State is already doing them. The Mayor also objected to the compliance check part of this law which encourages young people to be devious. Polston moved and Hanus seconded a motion to continue this item to the next City Council Meeting, February 24, 1998, to allow Staff to research the compliance checks issue and see if there are other options. 1.11 APPROVAL OF ROANOKE LANE MULTIPLE DOCK SLIP & APPROVAL OF DEVON LANE MULTIPLE DOCK SLIP. The City Manager explained that in the 1998 Budget, it was recommended by the Dock and Commons Advisory Commission (DCAC) and subsequently approved by the City Council to spend up to approximately $22,500 for two multiple dock sites, one at Roanoke Lane and one at Devon Lane. This was reviewed by the DCAC and is now before the Council for approval. He pointed out that there is information submitted by some residents who are in disagreement with this particularly the dock proposed for the Roanoke Lane site. DEVON LANE ACCESS: The Mayor stated that the people from the Devon Lane Access were present at the DCAC and were in favor of it. ROANOKE LANE ACCESS: He stated there were several people opposed to the dock configuration of up to a 100 foot straight dock at the Roanoke Access. Since that meeting there has been a letter from someone who has an objection to the configuration and reducing the number of docks. The Mayor stated there were no non-abutting people in attendance. A suggestion was made to send out letters to all of the people who would be affected to let them know that the City Council would be considering this tonight. This was done. The Mayor then suggested that the Council approve the multiple dock slip for the Devon Lane Access and refer the Roanoke Lane Access back to the DCAC to reassess whether there is support of this multiple dock at that access. He emphasized that this is a voluntary program. The Council asked if there was any public comment on this item. The following people spoke: 1. Wes LaFortune, 4649 IVD - Asked if any comments from non abutters was received? Councilmember Weycker stated that 3 non abutters wrote letters after the notice was sent. 2 opposed and 1 in favor of the multiple dock at Roanoke Access. Bob Schmidt, 4708 IVD - Stated there were two meetings on this. He attended the first and at that time a 4 slip multiple dock with all slips at the end of the dock was proposed. He stated that then he received this letter and it was a straight dock with 3 sites. MINUTES- MOUND CITY COUNCIL - FEBRUARY 10, 1998 o Barb Casey, 4704 IVD - Stated she is not interested in a multiple slip dock site. She stated she is a non abutting dock site holder and does not wish to be limited to just one boat or giving up the privilege to share a dock or giving up the privilege of owning her own dock. o John Gabos, 4687 IVD - Stated he is an abutting property owner and didn't have any desire to change the existing situation at the Roanoke Lane Access. Greg Knutson, 4701 IVD - He likes it the way it is and sees no reason to change anything. Keith Foerster, 4645 IVD - Stated he is an abutter. In general he didn't have a big issue one way or the other, but he did have concerns that some of the other dock sites that are there are not easily accessible and in the past that is one reason they have not been used. He stated that the proposed multiple dock slip has worked in other places very well but some of the people opposed to this; A. Don't use their dock; B Have left their dock is disarray, sitting in front of abutters homes for them to look at. These issues need to be evaluated. C. Make sure that the people that use the Commons, use the access point and not private property to access their dock. Councilmember Weycker, stated she is opposed to this, because if both of these were approved, it would make the entire Devon Commons multiple docks so there would be no room for nonabutters to have any private docks. She stated this is a voluntary program and should be treated that way. The Mayor explained the whole intent of this multiple dock program has always been that this is a voluntary program that the City Council adopted to limit congestion on the Commons. It was not directed at the nonabutters, but simply to facilitate by giving trade-offs to the nonabutters by the City picking up the portion of those docks and putting them in and taking them out and to limit congestion on very small isolated Commons in front of people's houses. It is not intended to become a political issue being fought by abutters and nonabutters over whether or not they will have access to docks or not. The Mayor further related that there are two places in the City where this multiple dock slip concept is working very well and people are very happy with it. MOTION made by Polston and seconded by Hanus to approve the multiple slip dock for Devon Lane Access and refer the multiple slip dock for Roanoke Lane Access back to the DCAC to determine if both abutters and nonabutters support this action. Councilmember Weycker asked if all the nonabutters being put at the Devon Lane multiple dock were notified and were in favor of it. Mayor Polston stated that all who were at the meeting were in favor of it. Councilmember Weycker stated that from the DCAC Minutes she could only come up with 1 or 2 nonabutters in attendance. The Mayor stated that there were 3 meetings on this and it was the opinion of the DCAC that they were in favor at Devon Lane. The vote was 3 in favor with Weycker voting nay. Motion carried. MINUTES- MOUND CITY COUNCIL - FEBRUARY 10, 1998 INFORMATION/MISCELLANEOUS: Department Head monthly reports for January 1998. Notice from the Minnehaha Creek Watershed District (MCWD) regarding the rescheduling of a Rule B Task Force Meeting. The meeting was rescheduled to Tuesday, February 10, 1998, 2:30-4:00 p.m. at the Minnetonka Community Center. Letter from Triax Cablevision regarding rate increases for Basic and Tier Services. Notice from the City of Minnetrista regarding an open house for Charlotte Erickson who is retiring as the City Administrator-Clerk after 22 years with the City and 16 of those years as the Administrator-Clerk. The open house is scheduled for Sunday, March 8, 1998, 1-4 p.m., at Minnetrista City Hall. LMCD Executive Director Greg Nybeck publishes an occasional newsletter about LMCD activities. Enclosed is a copy of the recent newsletter. LMCD mailing regarding an application to the Legislative Commission on Minnesota Resources (LCMR) for funds for added or improved car trailer parking facilities on Lake Minnetonka Senator Gen Olson invited Dr. Pam Myers, Superintendent of Schools and myself to testify before the Senate K-12 Education Budget Division Committee at the State Capitol on Wednesday, February 4. The purpose of the hearing was to present a bill, a copy of which is enclosed, amending Minnesota Statutes 471.19 relating to restrictions placed upon school districts to issue bonds for facilities not totally dedicated to education curriculum. As you know, we discussed this "quirk" during our study sessions with the School Board. Bond counsels for both the School District and the City had indicated that this section of Minnesota Statutes does not allow the School District to sell bonds for the renovation of the community center as it is presently written. Senator Olson introduced an amendment which passed this committee and now will be incorporated into the Omnibus Tax Bill. It was an interesting experience to testify before a Senate committee as this is something Pam and I had not done before. In addition, Senator Olson invited us to stay to attend the State of the State address given by Governor Arne Carlson. We were guests of her and Representative Steve Smith. It was a speech where Carlson reviewed his tenure as Governor and the accomplishments the State has made under his leadership. Also, he asked the Legislature to adopt his agenda for this session, which, surprisingly, did not include anything about the stadium. Pam and I also had the opportunity to meet Mayor Norm Coleman, St. Paul; Kathleen Blatz, Chief Justice of the Supreme Court and other legislators in attendance. REMINDER: Committee of the Whole meeting is scheduled for Tuesday, February 17, 1998, 7:30 p.m., Mound City Hall. The only item on the agenda is a discussion with the Westonka School Board regarding the joint powers agreement on the Westonka Community Center. I will forward a draft of the proposed agreement to you once it has passed legal review by the School District's attorney. 66 Je MINUTES- MOUND CI'IT COUNCIL - FEBRUARY 10, 1998 REMINDER: City Council photograph is confirmed for Tuesday, February 24, 1998, 6:30 p.m., Mound City Hall. REMINDER: HRA Meeting, Tuesday, February 10, 1998, 7 p.m., Mound City Hall. SPRING CLEAN UP DATE - May 2, has been suggested. MOTION made by Weycker, seconded by Ahrens to adjourn at 9:25 P.M. The vote was unanimously in favor. Motion carried. test: City Clerk ~w~~d J. Shukle, Jr., City Manager Polston moved and Hanus seconded a motion to direct this item back to Staff, to make sure this ordinance is exclusive of compliance checks and reduce the cost to what we need for licensing. This item to be brought back to the Council at the February 24th meeting. The vote was unanimously in favor. Motion carried. 67 BILLS --February 10, 1998 Batch 7127 $ 40,443.76 Batch 8013 222,059.84 Batch 8014 86,854.49 Total Bills $349.358.09 T ~ Z Z oo oo ! ! oo o~ ??~? ~ .! ?/ § -.,ir fn c 0 cm C '13 0 o ,D 0 C;;rn 0 CD 0 0 [-- 4 0 Z 0 r' Z · 0 Z z :~ , J C .. ._ . C (' ,... C, C 0 0 0 © C~ 0 ,.,' 'D ,. D .~ 0 0 Z 0 z