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1996-11-26MINUTES - MOUND CITY COUNCIL - NOVEMBER 26, 1996 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, November 26, 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 Absent and excused: Phyllis Jessen. Liz Jensen was scheduled to arrive later. Also in attendance: City Manager Edward J. Shukle, Jr., City Attorney Curt Pearson, City Engineer John Cameron, Economic Development Coordinator Bruce Chamberlain and Acting City Clerk Linda Strong. The following interested citizens were also present: Bob Bittle, Keith and Bernice Putt, Carl Hanson, Greg and Martha Cote, Denise Larson, Betty Dom, Mark Jorland, Councilmember-Elect Leah Weycker and Greg Eufich. The Mayor opened the meeting. The Pledge of Allegiance was recited. Mayor Polston announced that Roger Stephanson had won 50 Westonka Dollars for his recycling effort. He was not present to accept his winnings. The dollars will be mailed to him. 1.0 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. The Council approved the agenda. 1.1 *CONSENT AGENDA: The Council consensus was to remove from the Consent Agenda two items and discuss them separately. MOTION by Ahrens, seconded by ltanus to approve the amended Consent Agenda. A roll call vote was called. The motion carded unanimously, 3-0. '1.2 APPROVE MINUTES OF THE 11/12/96 REGULAR CITY COUNCIL MEETING. Ahrens, Hanus, unanimous. '1.3 VARIANCE FOR WAIVER OF PLATTING, GREG AND MARTHA COTE, 1601 GULL LANE, WOODLAND POINT CASE//96-65. RESOLUTION g96-119 RESOLUTION TO APPROVE A WAIVER OF PLATTING AND RELATED SETBACK VARIANCES, 1601 GULL LANE, LOTS 1-4, BLOCK 12, WOODLAND POINT, PID 13-117-24 12 0238, PZ//96-65 534 Minutes - Mound City Council - November 26, 1996 Ahrens, Hanus, unanimous. *1.4 RESOLUTION//96-118 Ahrens, Hanus, unanimous. RESOLUTION OF THE CITY COUNCIL OF MOUND EXPRESSING STRONG SUPPORT FOR THE LOST LAKE CANAL AND GREENWAY PROJECTS IN DOWNTOWN MOUND. '1.5 APPLICATION FOR BINGO PERMIT - OUR LADY OF THE LAKE CHURCH. Ahrens, Hanus, unanimous. '1.6 PAYMENT OF THE BILLS. Ahrens, Hanus, unanimous. 1.7 APPROVE MINUTES OF THE 11/19/96 COMMITTEE OF THE WHOLE MEETING. Councilmember Hanus requested adding clarification to a sentence under the Lineal Footage - Dock Program paragraph. Third sentence, "The agreed upon number was 620 of which about 30 docks would be reserved for Lost Lake." MOTION by Ahrens, seconded by Hanus and carried unanimously to approve the Minutes of the 11/19/96 Committee of the Whole as amended. 1.8 RESOLUTION APPROVING THE PROPOSED REDESIGN OF THE LOST LAKE IMPROVEMENT PROJECT AND DIRECTING STAFF TO PROCEED WITH THE 'PERMIT APPLICATION PROCESS. Councilmember Hanus discussed with the Council the comments of the Planning Commission regarding whether to accept the new design or not to accept. The turn-around as it is now, appears to look like a marina. However, Hanus does not want to risk the current plan, that could lead to refusal of permits. Bruce Chamberlain, Economic Development Coordinator, stated the current relationship with the Minnehaha Creek Watershed District (MCWD) is good and he did not want to jeopardize this. The design meets the goals and intent of the project. Chamberlain agreed that the suggestions of the Planning Commission had some good points. The redesign, as it is now, addresses the environmental issues. He was concerned with the legality of the upland dredging. Hanus suggested they continue to explore possibilities if there was not a time problem. City Attorney Curt Pearson suggested the Council 535 Minutes - Mound City Council - November 26, 1996 adopt the resolution and add to it the comments of the Planning Commission. City Manager Ed Shukle stated that renegotiating the plans could lead the MCWD to not approve any permits. Hanus agreed to not create problems, to go with the redesigned plans. Pearson suggested the Council approve the present plans, submit application and include alternate plan indicating concerns. Mayor Polston stated he liked the redesign plans, it gives everything that was needed; he was opposed to changing them. Ahrens stated the redesign looked more like a marina, not the tranquility of the fu'st plan. Hanus concurred. He stated it might be possible to design a phase 2 in the future and make a new application. He also noted that several docks would not be installed now, but at a later date through a private endeavor. Ahrens moved and Hanus seconded a motion to approve the following resolution as presented: RESOLUTION//96-120 RESOLUTION TO MODIFY THE CONSTRUCTION PLANS FOR THE LOST LAKE CANAL AND GREENWAY PROJECTS. The vote was unanimously in favor. Motion carried 3-0. 1.9 PUBLIC HEARING: PROPOSED PUBLIC IMPROVEMENTS TO SHERWOOD DRIVE. John Cameron, City Engineer, reviewed the feasibility report he had prepared. His conclusion was that it was feasible to complete this project as petitioned for by eight abutting property owners. (Councilmember Jensen arrived at 7:50 PM) Mayor Polston opened the public hearing. Denise Larson, 5574 Sherwood Drive. She stated she did not sign the petition. She saw no problem with the road structurally. She was opposed to the improvement. She would be assessed the largest amount and would probably have to sell her home and move. She stated the improvement would really affect only a few houses on the end of the cul-de-sac. The people with the water in their basements should improve their own private property to prevent the water from running into their basements. Carl Hanson, 5501 Sherwood Drive. He stated that the street is not that bad. Maybe put an overlay on the top and add new curbing. He asked how often the street had been repaired? He had originally signed the petition, but now felt the cost was too high. He suggested the City do an overlay and keep the cost down. Bernice Putt, 5510 Sherwood Drive. She stated that she had signed the petition, but in seeing the estimated cost, she felt it was too high also. Greg Eurich, 5535 Sherwood Drive. He stated he lived on the comer of County Road 110 and Sherwood Drive. His house is below the road, would more water run down his driveway when the road was improved? John Cameron, City Engineer, stated that the new curbing and current storm sewer 536 Minutes - Mound City Council - November 26, 1996 would prevent more water from running into his driveway. Cameron stated that soil borings had not been done to see if the base of the road was in good shape. There were no documentation as to the number of repairs that had been done and how often and what the cost was. He suggested a report be prepared by Mr. Skinner for information. He also suggested that soil borings could be done to test the base. Also, it could be possible to do an overlay and new curbs. The cost could be lowered by 1/3 if only an overlay and new curbs were done. Mayor Polston stated he didn't think that an overlay should be done if the road base was bad, that would only create a bad road in 2-3 years and not last the 20 year time of a totally new road. Reducing the cost could reduce the quality of the road. Denise Larson asked if a report could be prepared by the Public Works Superintendent as to the repairs done. Mayor Polston asked if there were any comments either for or against the improvement project on Sherwood Drive. There were none. He closed the public hearing and returned the item to the Council. Councilmember Hanus suggested obtaining more information before proceeding with the project. City Attorney Pearson stated that the report was prepared according the request of the petitioners. Cameron stated that the project .needed 35 % of the frontage owners agreeing. The properties on the cul-de-sac, where the problem lies, has the least amount of frontage on Sherwood Drive. Mayor Polston suggested the public hearing be continued until repair reports and soil borings could be completed to see determine the need, and then discuss the improvement. MOTION by Ahrens, seconded by Hanus to continue the public h~aring on the improvement of Sherwood Drive until January 28, 1997, and authorize the city engineer to do necessary soil borings to determine the base of the road and repair reports be prepared. The motion carried 4-0. '1.10 PUBLIC HEARING: CONSIDERATION OF A MODIFICATION TO THE ZONING MAP TO REZONE CERTAIN PROPERTIES FROM R-1 TO R-lA. (WITHDRAWN BY APPLICANT}. City Manager Ed Shukle stated the public hearing notice had been retracted at the applicant's request. The applicant will start over and a new notice published when the time arises. 1.11 APPLICATIONS FOR NORTHWEST TONKA LIONS "WINTERFEST" TEMPORARY BEER PERMIT AND QUASI PUBLIC SIGN. Bob Bittle, Northwest Tonka Lions, explained to the Council the events planned for the January 1 lth and 12th. The purpose was to raise money for the Minnesota Diabetes. The fireworks were scheduled 537 Minutes - Mound City Council - November 26, 1996 for 6 pm on Saturday the 1 lth. MOTION by Hanus, seconded by Jensen, and carried unanimously to approve the temporary beer perlnit and quasi public signs for the Winterfest to be held January 11-12, 1997. 1.12 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. There were none. 1.13 RESOLUTION ACCEPTING THE RESIGNATIONS OF CURRENT HOUSING AND REDEVELOPMENT (HRA) M-EMBERS AND APPOINTING THE CITY COUNCIL TO BE THE MOUND HRA. City Manager Ed Shulde stated that the replacement of the current I-IRA Board with the Council had been discussed at the last Committee of the Whole meeting. The reason is because it was difficult to find persons to be on the Board. Several cities currently have their council as the HRA Board. They could meet once a month, prior to the scheduled City Council meeting. He noted the city attorney had stated the current board had to resign. The resignations were in the packet. Jensen moved, Hanus seconded a motion to approve the following resolution: RESOLUTION//96-121 RESOLUTION ACCEPTING THE RESIGNATIONS OF CI.RLRENT MOUND HOUSING AND REDEVELOPMENT AUTHORITY HRA) BOARD MEMBERS AND APPOINTING THE MAYOR AND CITY COUNCIL TO SERVE AS THE MOUND HRA. The vote was unanimous, 4-0, motion carded. 1.14 APPROVAL OF DOCK APPLICATION FORMS FOR 1997. City Manager Ed Shukle stated there were not many changes in the 1997 forms. He did indicate the Parks and Open Space Commission did create a separate sheet with information pertaining to "combined dock use" that would be inserted into the mailings. He also mentioned a motion made at the May POSC meeting stating: "A dock license will not be issued for any dock on public land where the applicant has a correction order pending concerning a stairway or structure used to access the dock, unless otherwise approved by Staff." The due date was changed to 2/28/97 from last year's date of 2/29/96. Councilmember Hanus stated the combined dock use was an idea created to reduce the congestion of docks along the shoreline, and for safety. 538 MiiIll[g$ ' Plo#M Ci{y Council- November 26, 1996 MOTION by Jensen, seconded by Ahrens, and carried unanimously to approve the 1997 Dock Application Forms as presented. 1.15 INFORMATION/MISCELLANEOUS: A. FINANCIAL REPORT FOR OCTOBER, 1996, AS PREPARED BY GINO BUSINARO, FINANCE DIRECTOR. B. PARK AND OPEN SPACE COMMISSION MINUTES OF 11/14/96. C. ECONOMIC DEVELOPMENT COMMISSION MINUTES OF 10/17/96. Do ANNOUNCEMENT FROM THE CHAMBER OF COMMERCE RE: ANNUAL TREE LIGHTING CEREMONY TO BE HELD TUESDAY, 12/3/96, 6:30 PM, AT THE DOWNTOWN CHRISTMAS TREE. CITY OFFICES WILL BE CLOSED FOR THANKSGIVING ON THURSDAY AND FRIDAY, 11/28 & 29. REMINDER: TRUTH IN TAXATION PUBLIC HEARING IS SCHEDULED FOR WEDNESDAY, 12/4/96 AT 7:30 PM. REMINDER: NO COMMITTEE OF THE WHOLE OR SECOND MEETING OF DECEMBER WILL BE HELD, ONLY REGULAR MEETING OF DECEMBER IS 12/10. REMINDER: ANNUAL CHRISTMAS PARTY IS SUNDAY, DECEMBER 15TH AT AL AND ALMA'S. YOU RECEIVED YOUR INVITATION IN YOUR COW PACKET. PLEASE RSVP TO LINDA OR JILL BY 12/11. MOTION by Hanus, seconded by Ahrens and carried unanimously to adjourn the meeting at 8:50 pm. City Manager Attest: Acting City Clerk 539 BILLS .November 26, 1996 BATCH 6112 $153,701.24 Total Bills $153,701.24 6'41