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1996-08-13MINUTES - MOUND CITY COUNCIL- AUGUST 13, 1996 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, August 13, 1996 at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Those present: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz Jensen and Phyllis Jessen. Also in attendance: City Manager Edward J. Shukle, Jr., City Attorney Curt Pearson, City Planner Mark Koegler and Acting City Clerk Linda Strong. The following interested citizens were also present: Nick Gerold, Gert Gerold, Amy Cicchese, Jim Brunzell, Marilyn Byrnes, Bev Botko, Todd Rask, Bmr Biermann, Rick Kulver, Patrick Kelly, Lorie Ham, and John Edwaard. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. 1.0 RECYCLOTTO WINNER Mayor Polston announced that Andy Gearhart of Mound had won $200 Westonka Dollars for his participation in the Recyclotto program. He was not in attendance, the prize will be mailed to him. 1,1 APPROVE THE MINUTES OF THE JULY 23, 1996 REGULAR MEETING. MOTION by Jessen, seconded by Jensen to approve the Minutes of the July 23, 1996 Regular City Council meeting. The motion carried 4-0, Ahrens abstained as she was not present at this meeting. 1.2 APPROVE MINUTES OF EMERGENCY CITY COUNCIL MEETING HELD ON FRIDAY, AUGUST 9, 1996. Mayor Polston stated the Council met in emergency session on August 9, 1996 because of circumstances that, in judgement of the city attorney, city manager and city council required immediate consideration regarding the City of Mound v. Piper Jaffray legal dispute. The council went into Executive Session, returned and action was taken to have the city attorney work with Piper officials to reduce to writing the settlement agreement and to bring the agreement back to the Council at a future date for approval. MOTION by Ahrens, seconded by Hanus, and carried unanimously to approve the Minutes of the August 9, 1996 Emergency City Council meeting. 353 Minutes - Mound City Council August 13, 1996 1.3 PUBLIC HEARING. CASE//96-37: STREET VACATION - COBDEN LANE, ROBERT FOXWELL, 5090 WINDSOR ROAD, LOT 4, BLOCK 1, TEAL ..PQINTE, PID 25-117-24 12 0234, City Planner Mark Koegler reviewed the request to vacate portions of Cobden Lane. This request covers the exact same area of Cobden Lane that failed approval in January, 1993, due to lack of 4/5 vote. The fight-of-way in question is very steep and it is highly unlikely that a street could ever be constructed. All the platted lots adjacent to this portion of Cobden Lane have frontage on an improved street, excepts Lots 1 and 2, Block 14, Whipple. The most logical way to gain access to these lots would be from the end of Drummond Road. This parcel is not served by either sanitary sewer or watermain. Even though the City is unlikely will ever construct a street on this portion of Cobden Lane, the City Engineer recommends denial of the vacation request for 4 reasons: 1. The proposed vacation does not appear to be in the public's fight-of-way. 2. The fight-of-way may be needed in the future for a watermain loop. 3. Adjacent parcel does not front on an improved City street. 4. The fight-of-way could be used for a public walk-way in the future. Mayor Polston opened the public hearing and asked if there was anyone present who wished to speak either in favor or against the vacation of a portion of Cobden Lane. Todd Rask, 5109 Drummond Road, presented a petition signed by 29 residents of the area requesting that this parcel of land not be vacated as they use this land as a public land for the area residents. Also, that they are the public that uses this land, with mature trees and vegetation, to access the backwater areas of Phelps Bay. Brad Biermann, 5106 Windsor Road, stated that he would like to keep a 30 foot buffer between his property and Teal Pointe and asked that this parcel not be vacated. Jim Brunzell, 5111 Windsor Road, stated he did not want the property to leave City ownership. He wanted to be able to have communications with the City if need be on this piece of land, and not to have to deal with a developer. There were no more comments from the people in attendance, the Mayor closed the public hearing, and the item was returned to the Council for comment. Councilmember Hanus stated he had discussed this with the city engineer and now agreed that easements were not probable and that the city could someday need the land for city use, he recommended denial. 354 Minutes - Mound City Council August 13, 1996 Councilmember Jessen stated that once city land is gone it is never retrievable. She would vote no on the vacation. Councilmember Jensen stated she was against vacating this portion of Cobden Lane before and she still is against vacation. Mayor Polston stated he would vote for denial also. City Attorney Curt Pearson stated that a motion would be needed. MOTION by Jensen, seconded by Ahrens and carried unanimously to deny the vacation of Cobden Lane according to the judgement of the City Engineer and the Planning Commission and Council, it is in the best interest of the City of Mound to retain and not vacate a 30 foot wide platted right-of-way known as Cobden Lane located north of Windsor Road and terminated at lot 3, Block 1 of Teal Pointe located in "Arden" Addition. 1.4 PUBLIC HEARING: CONSIDERATION OF AN AMENDMENT TO THE MOUND ZONING ORDINANCE ESTABLISHING ADDITIONAL CRITERIA PERTAINING TO NONCONFORMING USES BY AMENDING SECTION 350:420 OF THE MOUND CODE OF ORDINANCES. Mayor Polston stated this was an issue the Planning Commission and the Council had worked very hard on for a long time. He also stated that the Council wanted to remove the complicated red tape that held up residents in developing their property. City Planner Mark Koegler summarized the item. He stated the amendment to the ordinance included two themes: Nonconforming residential properties that have received variance approval within the past 15 years for principal structure setbacks and/or accessory structure setbacks (except lakeshore setbacks), lot area, lot depth or width, hardcover, and/or street frontage may be improved by adding a conforming addition to the principal structure, adding a detached accessory building, provided that the principal structure is in sound condition, and; residential properties having only one nonconforming condition may be improved by adding a conforming addition to the principal structure, by adding a conforming detached accessory building, or adding a conforming addition to a detached accessory building, provided that the property complies with a list of conditions after application of the one nonconforming condition. Councilmember Hanus asked the City Planner to help rephrase one line in the Subd. 9. The City Attorney suggested, ' .... that any nonconforming detached accessory building and the principal structure are in sound condition...' to be added to the 5th line. Councilmember Hanus went on to say that he too was very pleased to have this finished. The ordinance had been difficult to understand and now it is very clear and very non restrictive for 355 Minutes - Mound City Council August 13, 1996 the residents. He also mentioned that the Council will review this ordinance amendment in one year to see if further changes were needed. MOTION by Hanus, seconded by Jensen and carried unanimously to approve an amendment as amended to the Mound Zoning Ordinance establishing additional criteria pertaining to nonconforming uses by amending Section 350:420 of the Mound Code of Ordinances. 1.5 CONTINUED PIJBLIC HEARING: FINAL ACTION QN REQIJEST FOR APPROVAL OF MERGER OF TRIAX AND DD CABLE, City Manager Ed Shukle updated the Council regarding the transfer of Triax Cable to DD Cable Holdings, Inc. The Council has been advised by the city's cable attorneys that this is the final and correct agreement form and could be voted on. Mayor Polston opened the public hearing and asked if there was anyone present who wished to speak either for or against the transfer of Triax Cable to DD Cable Holdings, Inc. There was no one. The mayor closed the public hearing and returned the item to the Council for discussion. Councilmember Jensen moved and Councilmember Jessen seconded the following recommended resolution: RESOLUTION//96-79 RESOLUTION CONSENTING TO THE TRANSFER OF CONTROL OF AND CERTAIN OWNERSHIP INTERESTS IN A CABLE TELEVISION FRANCHISEE; SUBJECT AND CONDITIONED UPON COMPLIANCE WITH CERTAIN TERMS AND CONDITIONS. The vote was unanimously in favor. Motion carded. The question was asked by Mayor Polston to the City Manager why the City of Mound did not belong to the Lake Minnetonka Cable Commission. He stated this had occurred before his arrival, but the cable commission at that time was moving very slowly. At that time the cable company required a city to have a certain number of hook up sites before entering into the city. Mound already had more than enough cable hook up sites (potential customers) and therefore, the Council at that time chose not to join the commission. 1.6 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. There were none. 356 Minutes - MouM City Council August 13, 1996 1.7 CONSIDERATION OF A REQUEST FROM Mll. PATRICK KELLY, 6685 HALSTED AVENUE, MINNETRISTA, RE; I 0NNECTION TO CITY OF MOUND WATER SYSTEM, City Manager Ed Shukle stated Patrick Kelly of 6685 Halsted Avenue, Minnetrista was experiencing problems with his well and he is requesting permission to hook up to the Mound water system that is only one lot from his. The city of Minnetrista requests this hook up also. Mr. Kelly, at his cost, will construct a 6" watermain with a hydrant ending at his westerly property line. The plans will require approval of the Minnetrista Engineer and Mound City Engineer. Through discussion, it was realized that the City of Mound will maintain the watermain and Mr. Kelly will pay a quarterly water bill to the City of Mound. Mayor Polston stated that he was glad to help this resident of Minnetrista with his water situation. He, however, wanted to send a message to the city of Minnetrista that Mound could use help in locating a composfing site for leaves and brush for all of the residents of Minnetrista and Mound. He indicated that Mound has always tried to be cooperative with Minnetrista on a variety of issues and feels like Minnetrista did not cooperate with Mound by rejecting a recent proposal by a private company to locate a compost site in Minnetrista. Councilmember Hanus agreed with Mayor Polston, as did Councilmember Ahrens. The Council asked the City Manager to convey to Minnetrista Mound's concerns in this regard. MOTION by Ahrens seconded by Hanus and carried unanimously to direct staff from Minnetrista and Mound to prepare the proper documentation to allow watermain hook up for a Minnetrista resident at 6685 Halsted Avenue, Minnetrista, totally at the Minnetrista resident's expense and upon approval by the city engineers of both Minnetrista and Mound and to return resolution to the Mound City Council for approval. 1.8 CONSIDERATION OF A REQUEST TO USE MOUND BAY PARK FOR A WEIGH-IN ONLY FOR "OPERATION BASS RED MAN EVENT" TO BE HELD ON SUNDAY, SEPTEMBER 22, 1996. Rick Kulver was present for questions. Councilmember Jensen was concerned about "Red Man" tobacco products being advertised on signs at Mound Bay Park. She did not want tobacco advertised in the public park where children play. Mr. Kulver guaranteed that signage would be only on the trailer holding the weigh in equipment. City Manager Ed Shukle stated the park would be quiet at that time in September and should not interfere with swimmers as the beach would be closed then. MOTION by Ahrens, seconded by Jessen to approve the weigh in of the "Operation Bass Red Man Event" for September 22, 1996 from 2:30 to 4:30 pm. With the stipulation of no tobacco signs being present in the park. The vote carried 4-1, Jensen voting nay. 357 Minut~ - Mound City Council August 13, 1996 1.9 APPOINTMENT OF ELECTION JUDGES FOR THE PRIMARY AND GENERAL ELECTIONS. Acting City Clerk Linda Strong stated that ail of the people on the list have not responded and she may need to recruit more people at a later date. She will bring back to Council an updated list if needed. Councilmember Ahrens moved and Councilmember Jensen seconded the following recommended resolution: RESOLUTION//96-80 RESOLUTION APPOINTING ELECTION JUDGES AS RECOMMENDED FOR THE PRIMARY AND GENERAL ELECTIONS SEPTEMBER 10, 1996 AND NOVEMBER 5, 1996. The vote was unanimously in favor. Motion carried. 1.10 REQUEST FROM COMMONS TASK FORCE TO APPOINT A PERSON TO FILL A VACANCY ON THE TASK FORCE. City Manager Ed Shukie stated that there was a vacancy on the Commons Task Force and Mark Goldberg, Chair, is requesting the appointment of another "nonabutting dock holder" to the task force. The Council discussed how long the task force has existed and how much longer their services would be needed. It was the consensus of the Council to direct staff to advertise in The Laker for a "nonabutting dock holder" to fill the vacancy. Councilmember Hanus stated the task force is an asset to the Parks and Open Space commission and the Council for the research they have done on the encroachments on the commons. Agreement was that if there ~was more than 1 applicant, interviews would be held. 1.11 PROPOSED PURCHASE OF PROPERTY FOR PARK PURPOSES, ADJACENT TO VETERAN'S PARK. City Manager Ed Shulde stated that the property located at 2509 Commerce Blvd, adjacent to Veteran's Park was for sale and the City has negotiated on the sale price of $39,000. The City Attorney had prepared a resolution approving the purchase. Mayor Polston stated he had attended the Parks and Open Space Commission on August 8, 1996 to discuss with them this purchase. The Commission recommended approvai with the stipulation that there be no motorized vehicles used in the park and the land not be used for parking. He aiso stated the VFW across the street from the park said they would gladly do all they could in any way to help maintain the park as it was a "Veterans Park". Councilmember Jessen moved and Councilmember Ahrens seconded the following resolution as 358 Minutes - Mound City Council August 13, 1996 proposed: RESOLUTION//96-81 RESOLUTION APPROVING THE PURCHASE OF PROPERTY LOCATED AT 2509 COMMERCE BLVD. FOR PURPOSES OF FUTURE EXPANSION OF ADJACENT VETERAN'S PARK AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE APPROPRIATE PURCHASE DOCUMENTS FOR THE PROPERTY. The vote was unanimously in favor. Motion carried. 1.12 SET PUBLIC HEARING TO CONSIDER THE APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW FOR A TWIN HOME LOCATED WITHIN THE R-2 ZONING DISTRICT AT 5214/5218 DRUMMOND ROAD, LOTS 4, 5, 14 & 15, BLOCK 12, WHIPPLE, PID 25-117-24 21 0025. SUGGESTED DATE: SEPTEMBER 11, 1996. MOTION by Ahrens, seconded by Jensen and carried unanimously to set September 11, 1996 for a public hearing to consider the approval of a Conditional Use Permit to allow for a twin home located within the R-2 zoning district at 5214/5218 Drummond Road. 1.13 ADD-ON ITEM Mayor Polston asked if any of the Council had anything to be added to the meeting. No one responded. Mayor Polston stated he had something. He said he had attended the Parks and Open Space Commission meeting on August 8th regarding the purchase of the land for Veteran's Park. While he was there, the chairperson presented a resolution to discuss and vote on. The issue the resolution regarded was not on the agenda, and none of the commissioners present (there were 3 members absent) or absent had seen this resolution prior to that evening. The resolution directed the City Council to abolish the Commons Task Force and for the Council to submit ail public land issues and permits applications to the Parks and Open Space Commission. The Mayor then stated that the Chair of the Parks Commission did not take care of the residents in attendance who had permits on the Parks agenda for that meeting. All public lands permits were tabled that evening. Councilmember Hanus had received a copy of the resolution and saw it to be an ultimatum from the Parks Commission which passed with four votes on a nine member commission. Councilmembers Jessen and Jensen had not seen the resolution, they requested and received copies immediately. Councilmember Jensen stated that four of the commissioners seemed to have a problem and this should be discussed with them to understand their viewpoint. The vote at the Parks Commission carried 4-2, with Chair Tom Casey, Janis 359 Minutes - Mound City Council August 13, 1996 Geffre, Bill Darling and Peter Meyer voting in favor and Councilmember Ahrens and Beverly Botko voting against. Three members were absent. Councilmember Ahrens stated she was ashamed of the Commissions' actions, and was concerned that the Commission would send residents who had spent money to prepare for the meeting, being sent home with no action taken. Council discussion led to possibly meeting with representatives of the Task Force, members of the Parks and Open Space Commission and with the Council to communicate these concerns. MOTION by Mayor Polston, seconded by Itanus and carried unanimously to ask the Parks and Open Comm[qqion to discuss the resolution again at their meeting when the full complement of members would be present, and hopefully to rescind the resolution. 1.14 PAYMENT OF BILLS, MOTION made by Jessen, seconded by Polston to authorize the payment of bills as presented on the pre-list in the amount of $289,017.94, when funds are available. A roll call vote was unanimously in favor. Motion carried. 1.15 INFORMATION/MISCELLANEOUS: A. DEPARTMENT HEAD MONTHLY REPORTS FOR JULY, 1996. B. LMCD REPRESENTATIVE'S MONTHLY REPORT FOR JULY, 1996. REMINDER: COMMYI'TEE OF THE WHOLE MEETING, TUESDAY, AUGUST 20, 1996, 7:30 P.M. MOTION by Ahrens, seconded by Jensen and carried unanimously to adjourn the meeting. The meeting was adjourn~8~5~PM. Attest: 360 BILLS August 13, 1996 BATCH 6073 $ 81,710.93 BATCH 6074 207,307.01 Total Bills $ 289,017.94 361