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1996-11-12MINUT~ - MOUND CITY COUNCIL- NOVEMIIER 12, 1996 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, November 12, 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 David Kennedy, City Planner Mark Koegler, Economic Development Coordinator Bruce Chamberlain, Councilmember Elect Leah Weycker and Acting City Clerk Linda Strong. The following interested citizens were also present: Susan Cathers, Mitch Knutson, Judy Mader, Mark and Barb Brewer, Janet Brewer, Bill and Dorothy Netka, Bev Botko, Rod Crasen, Harley Jordan, Patricia Hagglund, Leigh Hartert, Chuck Carlson, Dave Hostetler, Bruce Dodds, Marilyn Hostetler, Paul Meisel, Ron Peterson, Roger Carpenter, Randy Moriarty, Dallas Jensen, Jerry Longpre, Fran and Duane Leisinger, and Shirley Andersen. The Mayor opened the meeting and welcomed those in attendance. The Pledge of Allegiance was recited. *Consent Agenda: The Council discussed the Consent Agenda and decided to consider all of the Minutes separately. They also removed the minor subdivision for Moriarty/Baumgarten to discuss separately. 1.0 APPROVE MINUTES OF THE OCTOBER 17, 1996 CONTINUED CITY COUNCIL MEETING. Councilmember Jensen requested clarification as to who spoke within two paragraphs. City Manager stated he had received a fax from the Minnehaha Creek Watershed District containing comments they want added to the Minutes of 10-17. He said the fax basically confirms the contents of the Minutes, but they wanted it restated and added. Mayor Polston stated if there was no objection, the Watershed comments would be added to the Minutes. MOTION made by Jensen, seconded by Hanus, to approve the Minutes of the October 17, 1996 Continued City Council Meeting as amended. The vote carried 4-1, Ahrens abstained as she was not present at the meeting. 1.1 APPROVE MINUTES OF THE OCTOBER 22, 1996 REGULAR CITY COUNCH. MEETING. Councilmember Hanus stated the item regarding the Public Lands Permit for Ahrens was pulled from the Consent Agenda and acted upon after Councilmember Jessen arrived after the consent agenda. He also requested the time she arrived be noted. 498 Minutes - Mound City Council - November 12, 1996 MOTION by Hanus, seconded by Jensen, to approve the Minutes if the October 22, 1996 Regular City Council Meeting as amended. The vote carried 4-1, Ahrens abstained. 1.2 APPROVE MINUTES OF THE CANVASS BOARD 1MEETING OF NOVEMBER 6, 1996. MOTION by Jensen, seconded by Hanus and carried umanimously to approve the Minutes of the November 6, 1996 Canvass Board as proposed. Mayor Polston asked if any other items should be removed from the Consent Agenda, with the exception of the minor subdivision for Moriarty/Baumgarten. There were none. He asked for a motion to approve the following consent agenda. MOTION by Ahrens, seconded by Jensen, and carried unanimously to approve the following *Consent Agenda. *1.3 RESOLUTION #96-113 RESOLUTION TO APPROVE A VARIANCE FOR BUll.DING HEIGHT TO ALLOW A CONSTRUCTION OF A DETACHED GARAGE AT 6545 BARTLETT BLVD., LOT 18, HALSTEAD HEIGHTS PID 22-11% 24 44 0033, CASE//96-66. Ahrens, Jensen, unanimous. '1.4 RESOLUTION//96-114 RESOLUTION TO APPROVE A LOT SIZE AND SETBACK VARIANCES TO ALLOW CONSTRUCTION OF A GARAGE ADDITION AT 2155 CARDINAL LANE, LOT 23, BLOCK 8, ABRAHAM LINCOLN ADDITION TO LAKF~IDE PARK, PID 13-11%24 31 0065, PZCASE//96-61. Ahrens, Jensen, unanimous. '1.5 SET PUBLIC HEARING TO CONSIDER A MODIFICATION TO Tlt~J ZONING MAP TO REZO~ PROPERTI~ FROM R-1 TO R-lA. SUGGESTED DATE: NOVEMBER 26, 1996. Ahrens, Jensen, unanimous. '1.6 APPROVAL OF FINAL PAYMENT REQUF~T - 1996 SEALCOAT PROGRAM. 499 Minutes - Mound City Council - November 12, 1996 Ahrens, Jensen, unanimous. '1.7 APPROVE BINGO PERMIT FOR FIRE DEPARTMENT AUXILIARY. Ahrens, Jensen, unanimous. · 1.8 APPROVE TREE REMOVAL LICENSE FOR WRAMCO, INC. Ahrens, Jensen, unanimous. · 1.9 PAYMENT OF BILLS. Ahrens, Jensen, unanimous. REGULAR AGENDA ITEMS 1.10 RESOLUTION APPROVING A MINOR SUBDIVISION AND VARIANCE FOR LOTS 4-8, BLOCK 2, AVALON, RANDY MORIARTY, 4536 DENBIGH ROAD AND ROBERT BAUMGARTEN, 4552 DENBIGH ROAD. PZ CASE//96-31 Councilmember Jensen could not support the resolution as it was written. She suggested the following change: Item 'c' under the Now, Therefore Be it Resolved, "A grading, drainage and erosion control plan ahc,',;l~ shall be submitted..." Jensen continued, "This is a resolution approving a minor subdivision, which takes two lots and creates three lots. The two lots, or sites, as exist today, I would like to have this reflected in the package that we send to the DNR. The DNR says that if we approve this resolution, they want to have documentation of why we approved it, and I am not sure what all of that documentation consists of, but the Minutes for this particular meeting had a substantial addition made to them and I want to make sure that what I am saying is also part of what the DNR receives. It is my position that the two sites exist today and each of those sites have a hardship or a practical difficulty due to the fact that structures have been on those lots for sometime. They were on those lots prior to the passage of the Shoreland Management Plan. The fact that those two existing lots have these hardships on them, does not create a hardship or practical difficulty that would then be resolved through the creation of a third lot. Which is why I am opposed to the creation of a third lot. We are creating a lot, that by its very existence would require that a structure be built too close to the bluff." Mayor Polston asked if there were more comments. Hanus stated he confirmed 'l.c' being changed to 'shall'. The last point of the fifth Whereas, where setbacks are mentioned on Tract C, that provision should be stricken because it references a variance if the structure remains. However, item 1.f requires the house to be removed. These 500 Minutes- Mound City Coundl - November 12, 1996 statements are in conflict with each other. As long as the house will be removed before the resolution is fried, the previous point is a non-issue. There were no other changes. The Mayor asked for a motion. Hanus moved, Ahrens seconded a motion approving the following resolution as amended: RESOLUTION//96-116 RESOLUTION TO APPROVE A MINOR SUBDIVISION AND VARIANCES FOR LOTS 5, 6, 7, 8 & SWLY 1/2 OF LOT 4, BLOCK 2, AVALON, 4536 & 4552 DENBIGH ROAD, PID'S 13-117-24 14 0008 & 0048. PZ CASE//96-31. A roll call vote was called. The motion carded 3-2. Ahrens, Hanus and Polston voting in favor, Jensen and Jessen voting nay. Discussion with the Mayor and City Attorney followed regarding the need for a roll call vote on the Payment of the Bills. The attorney said it was not needed on the Bills, but should be done for a subdivision 1.11 VARIANCE AND MINOR SUBDIVISION, ROBERTA NELSON, 4739 & 4755 BEDFORD ROAD, CASE//96-63. City Planner Mark Koegler summarized the item, stating it was a complicated item, he would give a simplistic explanation. The item came before the Planning Commission for consideration of waiver of platting and some variances to correct an encroachment problem that was on an adjacent lot, specifically a garage area. This problem has been bouncing around for 20 years. There was recently a real estate transaction involving the property and in order for the title clearance to occur, we needed to rectify the encroachment. The parties have agreed to a minor subdivision. The request does include some variances. The subdivision would create a new line that separates the properties putting both of the structures on their respective lots. The easement issue would be dropped. Also some of the subdivision issues would no longer be needed. This alternative was supported unanimously by the Planning Commission and it does have staff support. The resolution has blanks that can now be filled in as the survey has now arrived. A condition of approval should be included that requires proof of filing the resolution for the 1992 subdivision. There needs to be a few blanks filled in which are a staff procedure. Staff and Planning Commission recommendation is for approval of the minor subdivision as proposed as well as the side yard setback variances for both structures. Hanus referred to the legal descriptions that were handed out. Polston asked about the square feet of lot area. Koegler responded the lots size is far in excess of the minimum lot size, it is 123,542 square feet in the one and 19,122 square feet in the other case. 501 Minutes - Mound City Council - November 12, 1996 Jessen moved, Ahrens seconded a motion to approve the following resolution as amended: RESOLUTION//96-115 The vote was unanimously in favor. RESOLUTION TO APPROVE A MINOR SUBDIVISION FOR 4739 & 4755 BEDFORD ROAD LOTS 7, 8, 24, 25 & 1/2 OF 6 & 27, BLOCK 13, WYCItWOOD, PID'S 19-117-23 32 0214 & 0205, P&Z CASE//96-63. Motion carded. 1.12 PUBLIC HEARING: ENVIRONMENTAL ASSESSMENT. City Manager Ed Shukle introduced Bruce Chamberlain, Assistant Planner, stating he would give opening remarks and that it was a public hearing. Bruce Chamberlain: "The public hearing was being held on behalf of the Federal Highway Administration because of the federal funding for the Lost Lake Canal project as well as the Lost Lake Greenway project. The two projects are the subject of the Environmental Assessment and it pertains to the canal dredging and the greenway project around the north perimeter. He informed the public that there was a meeting held with the Minnehaha Creek Watershed District on October 17, 1996. During that meeting there was discussion on the rules on the part of the Watershed District as well as general concern issues people have with the project. Out of that meeting came a couple of changes to the design that is in the packet. The changes were not completely defined, outcome of this meeting will help define the changes. On November 19th, this EA will be going to the City Council, Planning Commission, EDC and Park Commission and the public, to look at proposed design changes that incorporate the issues that the Watershed District has. Basically, the change includes eliminating the area that was proposed that has the permanent docking facility as well as eliminating the area proposed to be dredged for the transient docking area. We will be combining those two docking facilities within the turn around area itself, so there will not be a dredge beyond the historic turnaround of the canal. Before the meeting on the 19th, he will be working with the agencies and staff keeping them up to date and aware of what is happening with the design changes and getting feedback and input prior to Council review on the 19th of November. The Mayor asked if there were questions for Bruce from the Council. There were none. Mayor Polston opened the public hearing asking if there was anyone who wished to speak either for or against the Lost Lake Canal and Greenway projects. Dallas Jensen, 2684 Wilshire Blvd. "I have been a resident in Mound for 20 years. In those twenty years I have made many good friendships in the community. Conversations coming from those friendships usually amounting to what is going to happen in Mound. We see a dying community. I think this is one of the most exciting plans that has ever come our way. It is a bold plan, no question about it. I think of the City, roughly ten years ago, that really didn't have a plan. And what have you got, a grape turned into a raisin. I think this is a beautiful 502 Minutes - Mound City Council - November 12, 1996 plan. It has a great deal of merit. Certainly, there is room for changes along the time frame that they have bracketed for this. I want you to know that I totally support this plan. I think it is a great shot of adrenalin for this community." Sue Cathers, 3008 Highview Lane. "I have been a resident of Mound my entire life. I have seen it deteriorate over the years and I too, support this plan. I think that the Mound Visions has put a lot of work and effort and study into this. I worked on the Design Team a few years ago and I think it is a great idea. I don't know of anybody else that has any better of an idea. Last, but not least, my mom was the one that was hit at the crosswalk a few weeks ago. I think this helps the pedestrians too." Jerry Longpre, 2631 Granger Lane. "I came here 35 years ago. I remember we had a Chamber that at that time was trying to think of something that could be done with Lost Lake. I remember a picture of Dick Schwert standing there in the weeds and something was going to get done. And, you know, we all felt and we all knew that the future of Mound was fled in with the Lake. So finally, we are doing something about it. I just think it's super." Mayor Polston asked if there were any more comments. There were none. He closed the public heating and returned the item to the City Council. Mayor Polston: "I would like to say thank you to the people who worked on this, not only on the Economic Development Commission, but to all of the other 40-50-60 volunteers who have worked hard and given of themselves for a number of years on this project. I see a lot of them here tonight. Liz has served on the Economic Development Commission as our liasion. I can't say how proud I am of the people and of Bruce, who have brought this thing to the point that it is at now. I take my hat off to you. I am really looking forward to the project moving forward. Are there any other thoughts?" Councilmember Hanus: "Just to echo those same thoughts. A lot of people put a lot of work into it for a long period of time. It's right on the brink now and we are about to see something happen. I am very happy to see it and very happy to see the public involvement in the project alSO." Councilmember Jessen: "I will say the same thing. I won't have much more chance to say it. So, I will say it now. I am very proud of all of you that have worked so hard on it. I am so pleased to see it moving forward and I will be standing back there cheering for it all of the way." Mayor Polston: "To those people who are with the Minnehaha Creek Watershed District and are here tonight, I see some of them, I appreciate you coming back to Mound to visit with us. We appreciate the diligence and hard work that you have put in so far on the project. Like we talked about at our workshop, there is nothing etched in concrete. We are willing to work to do whatever we can. I think this is one giant step for the City of Mound and for the west Lake 503 Minutes - Mound City Council - November 12, 1996 area. With that I will shut up and let somebody else talk." Jessen: "What do we need to do here?" Shukle: "We need a motion to approve the .. correct? Tell us what we need." Chamberlain: "Actually there is no action that is required on the part of the Council. As I mentioned at the beginning of the public heating, this is on behalf of the Federal Highway Administration. It is up to them to review the comments that were made this evening as well as previous comments that were made at previous meetings. To make their input and review of the Environmental Assessment. To make this part of the official documentation of that document." Jensen: "So the Federal Highway .. will get all of this documentation.." Chamberlain: "Correct. verbatim Minutes." Jensen: "Then, we hope they are going to come up with the f'mding of no significant impact?" Chamberlain: "Correct. That is one of the options. The other option is that they request project modifications or require an Environmental Impact Statement." Jensen: "So they could still do that?" Chamberlain: "They could, yes." Jensen: "Assuming that they don't. Then we are going to be ready to move on this in the spring, correct?" Chamberlain: "The process that we are undertaking is that we will be looking at the design modifications in a week. We will be, hopefully, submitting permits to all of the permitting agencies in two weeks, and then look at a 60-90 day turn around for most of those permits. In the meantime, the Environmental Assessment documentation will continue to move through the channels that it has to move through with the Federal Government and State Government. Yes, hopefully, we are prepared for construction whenever it causes the least environmental impact to begin the project, which we think will be June." Jensen: "It is really exciting to see this thing moving forward and I wanted to add those comments as well. It seems that we have been looking at this for a long time. I have only spent two years with the EDC, and I commend all of them for the work that they have put into making this happen, or to help make this happen. I remember sitting in a few meetings where we would talk among ourselves about when will something happen, will something ever happen. People were saying nothing is ever going to happen. I remember some suggestions about let's put a bulldozer out there and move it around a little bit. Maybe it will help people get a positive 504 Minutes - Mound City Council - November 12, 1996 attitude. It is really moving forward and it is truly exciting. I have talked to all of the people who have made this happen. I am really excited for Mound. Ahrens: "I too want to echo the comments and commendations of my fellow Councilmembers. I just want to know Ed, that two foot high stack of studies that were done over twenty-five years before I got on the Council, that you gave me, can I throw them away now?" Shukle: Jessen: Chamberlain: "Not by the Council, no." Disc!~ssion dealt whether the public hearing had been closed. "Wait until they actually dig into the channel and then light them on fire." "Bruce, does this need anything further as an official approval by the Council?" It had. City Attorney David Kennedy: "Bruce, do you think it would it be inappropriate for the Council to adopt a resolution saying we think this is great? I sense that, it probably wouldn't hurt the process, but it certainly would not harm it." Chamberlain: "I don't see a problem with it at all. public record that the Council is behind this documentation that we have." It is something that can be made part of the project. That can be incorporated into Attorney: "Perhaps the staff can be directed to prepare .." Polston: "Phyllis, since is action may be the last that you take on this project, would you like to offer a motion to ..." Jessen: "I'd love to. We are going to make it a resolution?" Polston: "Yes." Jessen: "I would like to move that as a Council, give our full support behind the Lost Lake Canal and Greenway Project." Ahreus: "Second." Polston: "All in favor, say aye." The vote was unanimously in favor. Motion carried. Polston: "You folks on the Economic Development Commission, I tell ya, and all of the volunteers that worked on this project, you have my thanks and my hat is off to you. I certainly hope that we are moving ahead and the Federal Highway Commission will look favorably upon the project. Thanks for your efforts and for coming tonight." 505 Minutes - Mound City Council - November 12, 1996 1.13 PUBLIC HEARING: PROPOSED PUBLIC IMPROVEMENTS TO ~;ltERWOOD DRIVE. (To be rescheduled to 11-26-96} City Manager Ed Shukle suggested to the Mayor to open the public hearing and to continue it until November 26th. Mayor Polston opened the public hearing, and asked if anyone wished to speak either for or against this improvement to Sherwood Drive. There was no one. MOTION by Hanus, seconded by Ahrens, and carried unanimously to continue the public hearing on proposed improvements to Sherwood Drive until November 26, 1996. 1.14 PUBLIC HEARING: PROPOSED FEE INCREASES FOR CERTAIN LICENSES AND PERMITS. City Manager Ed Shukle stated the proposed 1997 budget contained fee and license increases based upon the cost of doing business as well as what other local or metropolitan area cities are charging for similar services. Under the requirements of the State Statute, the liquor license increases do require a public hearing. The remainder of the fees listed are not subject to a public hearing. Assuming the Council adopts the proposed increase or some form of the fees after the hearing, the Council can direct the staff to prepare the proper ordinance amendments that could be approved in December for effective date in January. Also, we are incorporating in the fees the building permit fees, which conform to the 1994 UBC code. We are currently under the 1988 UBC code. Mayor Polston opened the public hearing. He asked if there was anyone present who wished to speak on the increase of certain fees. Chuck Carlson, owner of Mound Lanes, stated he has the only bowling alley in town and he pays $10 a lane now, the season is actually only seven months long. He felt it unfair to double the per lane fee to $20. There is no time involved or inspections done by the City. There was no one else that wanted to speak regarding the proposed fee increases. The Mayor closed the public hearing. Councilmember Jensen inquired why the fee for an un-neutered dog did not raise as much percentage wise as did the fee for a neutered dog. Consensus was to set the new fee at $15 for neutered and $25 for un-neutered dogs. Mayor Polston suggested keeping the fee at $10 per lane and billiard table for 1997. Council agreed. MOTION by Jensen, seconded by Hanus, and carried unanimously to direct the city attorney to prepare ordinance amendments incorporating the proposed increases in fees for the December 10, 1996 Budget Hearing. The 506 Minutes - Mound City Council - November 12, 1996 1.15 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. Mayor Polston asked if there were any comments from citizens. Duane Leisinger, Manager of the Mound Legion, asked the Council why the bowling alley, Mound Lanes had a sign saying "OUND LANE" over the door. He asked if something could be done to get it completed, it did not look good. City Manager Ed Shulde stated Mr. Carlson applied for improvements to his building. The way the sign code is written, it defines his street address as being on Cypress Lane, versus what appears to be the front of his building on Shoreline Drive. The building is set back and doesn't have Shoreline frontage. Under the code, he is able to apply for a sign variance. The Planning Commission and Council would have ~o recognize the street frontage is really on Cypress and that the size of the sign would need a variance because of the lettering. It is Mr. Shulde's understanding the applicant chose not to go through with the rest of the application and has only put up a portion of the sign. He suggested asking Mr. Carlson what he intends to do. There were no more comments or suggestions. 1.16 RESOLUTION APPROVING AMENDED JOINT AND COOPERATIVE AGREEMENT - SUBURBAN RATE AUTHORITY (SRA). City Manager Ed Shukle stated the City of Mound recently joined the SRA. There was no fee. Councilmember Hanus is Mound's delegate to the SRA. He returned with a resolution authorizing the Mayor and City Manager to enter into a Amended Joint Agreement. Attorney Kennedy stated the changes in the joint powers agreement are minor ones. The changes are recognizing past practice, changing names, simply modernizing the document. The only substance change in the agreement is the granted authority for the SRA to act on behalf of all of the municipalities in the organization if they so request to contract for the provision of utility services in the future. The reason that was done, the board of the SPA feels, that down the pike, the opportunities for cities to purchase utility power on their own is going to be enhanced greatly by deregulation. Ahrens moved, Hanus seconded the approval of the following resolution as proposed: RESOLUTION//96-117 RESOLUTION APPROVING TIlE AMENDED JOINT AND COOPERATIVE AGREEMENT FOR THE SUBURBAN RATE AUTHORITY AND AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN THE AGREEMENT. The vote carded 4-1. Jensen abstained. 507 Minutes - Mound City Council - November 12, 1996 ADD-ON 1.17 APPLICATION OF THE AMERICAN LEGION FOR SUNDAY LIQUOR LICENSE. City Manager Ed Shulde stated the American Legion has applied to the City for a Sunday Liquor License. The Legion is working with Hennepin County on kitchen updates which are needed in order to be open on Sundays. We have checked with the County and the work is not completed, a permit has not been issued by them. The Minnesota Liquor Control Board will not issue any license until the County has inspected the facility and issued some type of food permit and the City has also approved. The type of food permit issued by the C. ounty indicates whether the State will issue a Sunday Liquor License. If the County issues a Food Handler's Permit, no Sunday Liquor License will be issued. If the County issues a small or full menu food permit, the County could issue a Sunday Liquor License. At this point, the work is not yet complete. The Council could approve the Sunday Liquor License pending the other agencies inspection and approval or wait until the work is completed. The application to the State cannot be submitted until the work is complete and the County issues a food permit. MOTION by Polston, seconded by Jensen and carried unanimously to approve the application of the Mound American Legion Post //398 for a Sunday Liquor License contingent upon Hennepin County Health Department inspection and approval when the work is complete. 1.18 INFORMATION/MISCELLANEOUS: A. DEPARTMENT HEAD MONTHLY REPORTS. B. LMCD REPRESENTATIVE'S MONTHLY REPORT. C. PLANNING COMMISSION MINUTES OF 10/28/96. D. PLANNING COMMISSION MINUTES OF 11/4/96. ANNOUNCEMENT FROM THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES (AMM) RE: ANNUAL POLICY ADOPTION MEETING SCHEDULED FOR NOVEMBER 14, 1996 IN ST. PAUL. PLEASE LET ME KNOW IF YOU ARE INTERESTED IN ATTENDING. PLEASE NOTE THAT YOU WOULD HAVE RECEIVED THE PROPOSED POLICIES IN THE LAST COUNCIL PACKET. REMINDER: CITY OFFICES WILL BE CLOSED ON MONDAY, NOVEMBER 11TH IN OBSERVANCE OF VETERAN'S DAY. 5O8 Minutes- Mound City Council- November 12, 1996 REMINDER: COMMITI~E OF THE WHOLE MEETING, NOVEMBER 19, 1996, 7:30 PM. MOTION by Hanuz, ~cconded by Jensen and carried unanimously to adjourn Attest: the meeting at 8:20 pm. ¢J~ M~an"~ger ~ / 509 //_3' ~6'~09'~g$ sIII~ Ie~°& Z0'Z~['IIg P019 ~9'ZP~'PII$ [019 HD&V~ 9661 '~I aaqmaA°N ............... S77I~