Loading...
1998-04-14MINUTES - MOUND CITY COUNCIL - APRIL 14, 1998 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, April 14, 1998, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Bob Polston, Councilmembers Mark Hanus, Liz Jensen and Leah Weycker. Councilmember Andrea Ahrens was absent and excused. Also in attendance were: City Manager Edward J. Shukle, Jr., City Attorney John Dean, City Planner Loren Gordon, City Engineer John Cameron, Building Official Jon Sutherland, Finance Director Gino Businaro, City Insurance Agent Carl Bennetsen, Park Director Jim Fackler, City Clerk Fran Clark and the following interested citizens: Thomas Stokes, Steve Behnke, John & Christine Gabos, Greg Knutson, Becky Cherne, Gretchen & Gene Smith,Katherine & Tom Latcham, Kris Linquist, Jonathan Paul, Don Hopkins, Mark Smith, Bob & Connie Schmidt, Ken Ryan, Colleen Heal, A1 Coley, Daryl Nehring, and Vince Forystek. 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. PRF~ENTATION TO MOUND WESTONKA BOYS HOCKEY TEAM. The Mayor presented the Mound Westonka Boys Hockey team a Certificate of Recognition from the City. 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 The City Manager stated that he has an Add-On Item concerning approval of the Labor Contract between the City of Mound and Teamster's Local//320 - Police Officer/Investigator Detective and Juvenile Officer. MOTION made by Hanus, seconded by Weycker to approve the Consent Agenda, as presented and the Regular Agenda, as amended with the Add-On Item. The vote was unanimously .in favor. Motion carried. '1.0 MOUND CITY COUNCIL MINUTES- APRIL 14. 1998 APPROVE THE MINUTF~ OF THE MARCH 24, 1995, REGULAR MEETING, MOTION Hanus, Weycker, unanlmousiy. *1.1 APPROVE THE MINUTE~ OF THE MARCH 28, 1998, JOINT MEETING OF THE CITY COUNCIL AND THE WF~TONKA SCHOOL BOARD. MOTION Hanus, Weycker, unanimously. '1.2 CASE//98-17: VARIANCE, SIDE YARD SETBACK, LQT AREA, HARDCOVER. KEN & KRIS LINQUIST, 237;~ CHATEAU LANE, LOT 13. BLOCK 4. L.P. CREVIERS. SUB LOT 36 948- LAFAYETTE PARK, PID#12-117-24 43 0096, RESOLUTION #98-33 RESOLUTION TO APPROVE A SIDE YARD SETBACK, LOT AREA, AND HARDCOVER VARIANCES IN ORDER TO ALLOW FOR CONSTRUCTION OF A NEW FULL SIZE FOUNDATION UNDER THE EXISTING DWELLING, AT 2373 CHATEAU LANE, LOT 13, BLOCK 4, L P CREVIERS SUB LOT 36 LAFAYETTE PARK, PID 13-117-24 43 0096, P & Z CASE//98-17 Hanus, Weycker, unanimously. '1.3 APPROVAL OF AN ORDINANCE RELATING TO ZONING: TELECOMMUNICATIONS TOWERS AND FACILITIES; AMENDING SECTION 350;00 BY ADDING A NEW SECTION 350:1300, ENTITLED, "TELECOMMUNICATIONS TOWERS AND FACILITIES". ORDINANCE NO. 96-1998 AN ORDINANCE RELATING TO ZONING: TELECOMMUNICATIONS TOWERS AND FACILITIES; AMENDING SECTION 350:00 BY ADDING A NEW SECTION 350:1300, ENTITLED, "TELECOMMUNICATIONS TOWERS AND FACILITIES" MOUND CITY COUNCIL MINUTES- APRIL 14, 1998 Hanus, Weycker, unanimously. ~ *1.4 APPROVAL OF A SIGN PERMIT, OUASI-PUBLIC FUNCTION, LITTLE LEAGUE, BASEBALL AND SOFTBALL SIGN-UP ADVERTISEMENT. MOTION Hanus, Weycker, unanimously. *1.5 APPROVAL OF A SIGN PERMIT. QUASI-PUBLIC FUNCTION, WESTONKA PUBLIC SCHOOLS, ECFE FUNDRAISER. MOTION Hanus, Weycker, unanimously. '1.6 RESOLUTION ACCEPTING THE PLANNING COMMISSION'S RECOMMENDATION TO APPOINT CKLAIR HASSE, 6627 BARTLETT BLVD., TO FILL A VACANCY ON THE PLANNING COMMISSION. RESOLUTION #98-34 RESOLUTION APPOINTING CKLAIR HASSE TO THE PLANNING COMMISSION; TO FILL THE UNEXPIRED TERM OF GERALD REIFSCHNEIDER TERM EXPIRING 12/31/00 Hanus, Weycker, unanimously. '1.7 SET BID OPENING FOR ANNUAL SEALCOAT PROJECT- SUGGESTED DATE: APRIL 30, 1998, 11 A.M. MOTION Hanus, Weycker, unanimously. '1.8 LICENSE RENEWALS: GAMES OF SKILL, POOL TABLES, BOWLING, AMUSEMENT DEVICE, RESTAURANT, TREE REMOVAL. GAMES OF SKILL American Legion Post #398 VFW Post #5113 MOUND CITY COUNCIL MINUTES- APRIL 14, 1998 POOL TABLF_~ VFW Post #5113 Lake Minnetonka Bowl BOWLING Lake Minnetonka Bowl AMUSEM~NT DEVICE American Legion Post #398 VFW Post #5113 RESTAURANT A1 & Alma's American Legion Post #398 Domino's Pizza #1974 Happy Garden Hardee' s House of Moy Lake Minnetonka Bowl Scotty B's TREE REMOVAL LICENSE Amberwood Tree Service Subway Sandwiches VFW Post #5113 Uncharted Grounds MOTION Hanus, Weycker, unanimously. *1.9 ~LUTION AUTHORIZING APPLICATION FOR CONVEYANCE FROM THE STATE OF CERTAIN TAX FORFEIT LANDS, Requesting conveyance to the City of Mound of PID #25-117-24 12 0164 and//25-117-24 12 0169 for wetlands. RESOLUTION #98-35 *1.10 RESOLUTION AUTHORIZING APPLICATION FOR CONVEYANCE FROM THE STATE OF CERTAIN TAX FORFEIT LANDS Hanus, Weycker, unanimously. PAYMENT OF BILLS. MOTION Hanus, Weycker, unal~imously. MOUND CITY COUNCIL MINUTES- APRIL 14, 1998 1.11 (~ON~ PUBLIC HEARING: FINAL PLAT APPROVAL - SETON BLUFF PDA, The Planner reviewed the revisions that have been made to the final plat to reflect comments from the March 24th City Council Meeting. They are as follows: e The storm sewer ponding area previously located in the right-of-way is located entirely within Lot 7. Portions of the retaining wails that encroached into the right-of-way are aiso located entirely within Lot 7. The driveway entrance now has a width of 18 feet. The setbacks on Lot 7 have been modified to eliminate front yard variances. Minor adjustments in the yard setbacks to reflect changes in the driveway width. Staff has been meeting with the developer to insure that these changes reflect the intent of meeting the preliminary plat and the Staff is now recommending approval with a number of conditions included in the resolution. Most of the conditions are procedurai. The Mayor opened the public hearing and asked for comments for or against the final plat approvai of Seton Bluff PDA. Steve Behnke, Fineline Homes, explained that he has some issues that concern him. 1. A continued request from Staff to treat the yard that abuts the unimproved right- of-way on LOt 7 as a front yard and he considers this a sideyard. When the plat was drawn, they specifically designed Lot 7 with the front yard aiong the curve at the 40 foot minimum. They want to make sure this issue is addressed in the finai plat resolution. 2. The request for additionai legai documents which came through yesterday. They are working on this. 3. He questioned condition//22 in the proposed resolution that requires concrete curb. They had assumed it would be an asphait curb. The Mayor explained that the street standards that the City of Mound has adopted require concrete curb and gutter. The City Engineer stated that is correct and this was listed in the preliminary plat as a requirement. The Engineer further stated that another reason for the concrete curb and gutter is the retaining walls with no guard rail to stop a vehicle from going over. The Mayor closed the public hearing. The Planner stated Staff is recommending finai plat approvai with the following conditions: o 10. 11. MOUND CITY COUNCIL MINUTES- APRIL 14, 1998 The final plat drawing labeled as Exhibit A is hereby incorporated into this Resolution and all improvements shall be as shown on the plans or as modified under the approval of the City Engineer. The location of all dwellings shall be only as provided on the City's Zoning regulations, or as modified by official action of the City Council; .and any inconsistent dwelling location in the final plat shall be ignored. The Homeowner's Association documents will be prepared and submitted with the Final Plat and incorporated into final plat resolution. Prior to the City releasing the final plat, the Developer shall sign a development contract with the City. The development contract shall stipulate that construction of all items covered by said contract shall be completed within 280 days of the City releasing the final plat. As part of the development contract, the Developer shall furnish the City with a performance bond or an irrevocable letter of credit or other form of security approved by the City Attorney in the amount of 125% of estimated construction costs as per plans approved by the City Engineer. The buildable area for each lot include all structure encompassing the house, attached garage, decks and porches to meet the setbacks as requested. Hardcover calculations reflect any plan modifications. Engineer's certified design shall be provided for the retaining walls be furnished to the City for review and approval. The ponding area receive approval from the Minnehaha Creek Watershed District (MCWD). Existing water service for the property at 2620 Kerry Lane shall be reconnected to the new water main. The developer shall be responsible for the installation of private utilities. The utilities shall not be installed until the boulevard or utility easements have been graded and the grade elevations are approved by the City Engineer. All utilities shall be located underground. No building permits shall be issued until a contract has been awarded for utility and street construction and the MPCA permit is issued and the Final Plat has been filed and recorded at Hennepin County. The approval would not be construed as creating an obligation on the part of the City to expend funds to provide a location for off-site water storage. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. MOUND CITY COUNCIL MINUTES- APRIL 14, 1998 The Conservation Easement will be provided and included in the Final Plat Approval. The Developer shall secure and provide the City with a copy of a stormwater permit from the Minnehaha Creek Watershed District prior to the City releasing the final plat. The Developer shall secure and provide copies to the City's Building Official of all required and reviews and permits from the Minnesota Department of Health and the Minnesota Pollution .Control Agency, or any other applicable permits, prior to beginning construction. The Building Official will not authorize construction until permits are secured. The City Attorney shall examine title to the property and shall render a title opinion to the city showing the ownership status of the property prior to filing. The applicant shall provide the City Attorney a current abstract or register of property abstract for Seton Bluff. The plat shall be filed with Hennepin County within one hundred eighty (180) days of the City Council approving the final plat. If the plat is not filed within that time period, it shall become null and void. The cost of constructing all the public utilities in Kildare Road and in any other portion of the plat shall be borne by the developer, including all required utilities on which the design shall be approved by the City Engineer. A Homeowner's Association shall be established for all lots within the subdivision and provided prior to the Final Plat Approval. All of these documents shall be reviewed and approved by the City Attorney. Prior to any occupancy the applicant shall secure Certificates of Occupancy from the Building Official will not be issued for homes in the subdivision until utilities and access servicing the homes are approved by the City Engineer, Public Works Superintendent, and Building Official. The MPCA's Best Management Practices shall be applied to the development and subsequent management of the property. Park dedication in the amount of $500 per lot totaling $3,500 is to be paid prior to the City releasing the final plat. The City Engineer review and approve concrete curb along the south side of the private driveway. MOUND CITY COUNCIL MINUTES- APRIL 14, 1998 231 The developer obtain a construction on public lands permit as stated in Section 320. references to dwelling locations in the final plat shall be ignored. There was discussion on hardcover. The Planner stated that the following needs to be incorporated into//5 of the conditions regarding hardcover which has been recalculated and should read "not to exceed 34.4 %". The developer agreed and stated he believes the hardcover percentage will be approximately 30.6%. The Council agreed, with adding the language to//5 of the conditions. Councilmember Hanus asked about Item g2, the homeowners documents, which require certain things and certain maintenance but could sometime be amended and changed. He asked if the City should be in that loop to assure that i.e. the drainage pipe continues to be maintained by the homeowners association. The Council asked that any changes to the drainage or stormwater plan be reviewed by the City Staff and this be included in the documents. The City Attorney stated this can be inserted. Councilmember Hanus asked if this ponding has been approved by MCWD? The developer stated, yes. The Engineer reminded the developer that he still must provide the MCWD with a Maintenance Agreement in order to obtain the permit. Councilmember Hanus asked the Item//11. be amended to read as follows: 11. "The approval would not be construed as creating an obligation on the part of the City to expend funds to provide a location for, or any maintenance of, on-site or off-site water storage." The Staff and Council agreed. Councilmember Hanus asked the Y23. be amended as follows: 23. "The developer obtain a construction on public lands permit as stated in Section 320. .^4~ ....... l-~ ~4 .... 111~ 1~1-I~ ~'~ i-k~ 4:~.~1 --1~- ~1~11 ~ 1 ..... ~ The Council agr~ The Council discussed requiting a public lands permit for the tip-rapping that will be on City property and maintained by the homeowners association, not the City. Councilmember Hanus also asked about the $600. bill for surveying that was charged to the Dock Fund be recovered from the developer and reimbursed to the Dock Fund. Mr. Behnke agreed to pay the City for this survey. The Council asked that the following be added as condition//24: The Escrow Account also to be sufficient to cover the costs incurred by the City. Hanus moved and Weycker seconded the following resolution as amended: MOUND CITY COUNCIL MINUTES- APRIL 14, 1998 RESOLUTION ,q98-36 RESOLU~ON OF THE CITY COUNCIL OF THE CITY OF MOUND GRANTING FINAL PLAT APPROVAL, FOR A PLANNED DEVELOPIVIENT AREA BY CONDITIONAL USE PERMIT, LOT AND STREET DESIGN VARIANCES, SHORELAND VARIANCES FOR SETON BLUFF RESIDENTIAL DEVELOPMENT The vote was unanimously in favor. Motion carried. 1.12 RECOMMENDATION FROM DOCK AND COMMONS ADVISORY COMMISSION REGARDING THE IMPLEMENTATION OF A MULTIPLE SLIP DOCK ON DEVON COMMON LOCATED AT ROANOKE LANE ACCESS. The City Attorney made the following statement: "I have been asked by Councilmember Ahrens to make a statement at this time. Councilmember Ahrens has elected to absent herself from consideration of this matter. She has elected not to participate in the discussion and elected not to participate in the vote on any matters here with respect to which there has been an assertion that she may have a conflict of interest. That is point number one." "Point number two. She has asked me to stress to you that her decision to do so is voluntary. It is her choice and by making that decision she wants it to be made clear that the decision should not be viewed as an admission of truth of any of the assertions that there may be a conflict of interest nor is it a consent by her that there is, in fact, the admission of a conflict of interest in that matter. That's the extent of the statement. Based upon that statement it would appear that there is no issue for the Council to consider regarding a conflict of interest here. As a result, the City Council is free to proceed to discuss the substance of the issues before it." The Mayor made the following statement: "We, as a Council are here to find solutions to problems. We are not here to create solutions for problems. We want to hear everyone who wishes to be heard, but the ground rules for the City Council, the Staff, and those participating in the discussion here, is that we will not allow any personal attacks on any members of the audience, the City Council, or Staff. All comments or discussion will be directed to the Chair. We will recognize those who wish to comment or speak. I insist that City Councilmembers, Staff and members of the public treat each other with the utmost respect and dignity. We will, in fact, try to answer any questions that you have. And from there, I will ask if anybody on the City Council has anything they would like to add at this point?" There was no response. The Mayor continued. "I know there are a number of people here on this item. Are there any questions or comments or statements that you would like to make at this time?" There was no response. The Mayor continued. "Over the past three years, there has been a Commons Task Force that was appointed by the City Council to address the issues of improving the level of 16'6 MOUND CITY COUNCIL MINUTES- APRIL 14, 1998 comfort that both abutters and non-abutters could achieve on the Commons as it relates to docks. As a result of the Task Force's work, there was a Docks and Commons Advisory Commission (DCAC) was established. There have been a number of areas where the Docks and Commons Commission have addressed the use of multiple docks to help alleviate congestion on Commons. There was a survey of this particular area done by the Task Force and reviewed by the DCAC that addressed the level of dissatisfaction by abutters and non-abutters alike. There was something like 75 % dissatisfaction in the Roanoke Access area." The Mayor related that the DCAC has done other multiple slip docks in other areas and it has been working out just fine. The DCAC addressed multiple slip docks on Roanoke Access. Over the past month, it has become increasingly clear that there are, in fact, a number of people who are not necessarily opposed to multiple docks, but they are opposed to the particular location on the Roanoke Access where this is being proposed. The Mayor stated that he has tried to meet with the people who are affected by any decision that the City Council would make to try and find a level of comfort that everyone can live with. "Realizing that there is nothing that we can do, as a City Council, or a society, that will make everyone absolutely happy and give them everything they want as it relates to Commons Docks and our Dock Program, but trying to give everyone some of the things they want to improve the level of comfort they have with what's taking place. There was a proposal by the DCAC to install a multiple slip dock up to 100 feet long and to provide for 4 or 5 slips. That raised the discomfort level of a number of people, particularly those who live immediately within the area. As an individual in going out to discuss this with some of the abutting homeowners and some of the non-abutting dockholders, and asking what would be acceptable, there was a proposal made that I indicated I would bring back to the City Council and discuss which involves moving 2 of the docks, #42886 and #41477 (Mr. Stead), to the Pembroke Park multiple slip dock. Mr. Stead was, in fact, in favor of that because it would be closer to his home. This would be easier for him to access and it would also be easier for who ever gets #41886 to get access because they wouldn't have to traverse across a very small Commons. #41886 has not been used for the last few years. This proposal would also free up another dock for a non-abutting property owner that hasn't been used, that will probably get some use. The other proposal that I made to the two dockholders, Ms. Casey and Mr. Schmidt, was that in fact the City is willing to put in a City owned dock at Roanoke Lane Access fire lane which would facilitate 2 boats for each user on each side of the dock, which would decongest the Commons further and would take away what is considered a very unsafe Commons to traverse across in order to get to the dock. All but one of the people that was affected was a non-abutter. One was willing to, the other was opposed to it. So we come here tonight with an open mind to find a solution that is beneficial to everyone, if that's possible. The Mayor suggested only putting Ms. Casey and Mr. Schmidt on the City owned multiple dock at the Roanoke Access. The City Council could prohibit any further expansion of that multiple dock to any other people." MOUNO CITY COUNCIL MINUTF,,~- APRIL 14, 1~$ The Mayor asked for comments from the people present. BARB CASEY stated she has had her dock for 12 years and has never had a problem accessing her dock. She stated she does not have a problem with moving//41886 or//41477, but would prefer to have her dock and Bob Schmidt's dock left where they are. The Council discussed having Mr. Schmidt and Ms. Casey share a City owned multiple dock or a privately owned dock at the Roanoke Access. Ms. Casey and Mr. Schmidt do not want this because of congestion in the area. The Council discussed the word "congestion". Some people feel docks are congestion and others feel boats are congestion. Councilmember Hanus stated that he believes the number of docks cause congestion not the number of boats. Councilmember Weycker expressed concern about increasing the size of the Pembroke multiple slip dock to accommodate the two extra boats (Stead and dock site 41886). GENE SMITH, 4705 Island View Drive, stated he is directly affected by this proposed multiple slip dock on Roanoke Access and he was never notified that this was even proposed. He felt putting two more boats between Schmidt's and Gabos' dock and two more boats on the opposite side of that dock would create congestion. The following persons would like to leave this area of Devon Commons the way it is with no multiple slip docks on Roanoke Access. They were also against moving the 2 docks (Stead and //41886) to Pembroke because they are losing 2 docks that could be used by two people in their neighborhood. Greg Knutson, 4701 Island View Drive. Cathy and Tbm Latchum, 4711 Island View Drive. Bob Schmidt, 4708 Island View Drive Barb Casey, 4704 Island View Drive John Gabos, 4687 Island View Drive The Mayor stated that when the Roanoke area was opened for 14 docks in 1977, 7 for abutters and 7 for non-abutters, there was a safety issue, the narrowness of this Commons. He is concerned about safety issues on this portion of the Devon Commons because of the narrowness and difficult terrain to access the docks. There was discussion about trimming some of the trees on the Commons. The Mayor stated that the following petition was received by the City and signed by 9 persons: MOUND CITY COUNCI~ MINUTES- APRIL 14, I~8 "We the undersigned, petition the Dock & Commons Advisory Commission to proceed with the plan to place a multiple dock for current non-abutter dock site holders on the end of the fire lane at the Roanoke Access on the Devon Commons. The multiple slip dock at Roanoke should not exceed 100 feet in length. All other non-abutting dock sites at Roanoke Access should be eliminated." Also received was the following petition signed by 14 persons: "We the undersigned are opposed to placing a multiple dock site at the Roanoke access. We are opposed to any multiple dock even for a trial period. We hereby petition the city council to vote against any motion for a multiple dock site at the end of the Roanoke access." RENEE LA FORTUNE, 4649 Island View Drive, agreed that there is a safety issue for this narrow Commons area. JOHN GABOS, 4687 Island View Drive, thanked the Mayor for doing all he has done to try to resolve this problem. He further stated that in the 10 years he has lived here, he has never had a problem with the people who have their docks abutting the Commons in front of his home. He stated that he feels the multiple dock idea is a good idea, but the locations for these multiples needs to be evaluated. He stated he does not like to see the micro-managing of the dock program. Don't try to fix the dock situation one or two docks at a time. MARK SMITH, 4665 Island View Drive, agreed with Mr. Gabos. The City Attorney read the proposed resolution as follows: RESOLUTION//98-37 RESOLUTION REGARDING RELOCATION OF DOCK LOCATIONS AND DISCONTINUANCE OF CONSIDERATION OF MULTIPLE SLIP DOCK ON DEVON COMMONS AT THE ROANOKE LANE ACCESS WHEREAS, the City of Mound administers and regulates activities within and upon the various public commons of the City; and WHEREAS, the regulatory activities include the provision of dock locations upon the commons for the recreational use and enjoyment of the participants in the dock program; and WHEREAS, in furtherance of the City's regulatory activity, the City Council has established the Dock and Commons Advisory Commission (DCAC) and has charged it with making recommendations to the City Council regarding the City's dock program; and MOUND CITY COUNCIL MINUTES- APRIL 14, 1998 WHEREAS, at its March 19, 1998i meeting, the DCAC adopted and forwarded to the City Council the following motion: "MOTION by Ahrens, seconded by Goldberg to recommend installation of the multiple dock, 75' in length, straight dock to accommodate two boats. Dock sites 41477 and 41886 will be eliminated and site holder 41477 will be placed on the city multiple dock. Dock site 42043 will become the site of the multiple dock with the dock site holder placed on multiple dock. Dock site holder Schmidt would have the first choice of dock slips on the multiple dock. Dock site//41956 (Casey) will remain in its current location. This is the DCAC motion." WHEREAS, the City Council has had the opportunity to review the DCAC recommendation and has received input from the staff and interested members of the public and has considered the recommendation in light of the City Multiple Slip Dock Program Policy. NOW, THEREFORE, BE IT RESOLVED as follows: 1. Dock site locations 41477 (which is the Stead location) and 41866 (which is shown as the open location) are hereby eliminated and the City is directed to establish two permanent sites on the Pembroke Park multiple dock as replacement locations. 2. Consideration of the establishment of a multiple dock site at Roanoke Lane is hereby discontinued and the Park Director is hereby directed to notify all interested persons of such discontinuance. The Council will consider this matter in the future only if requested to do so by all parties who would be relocated to the dock and all parties whose property abuts Roanoke Lane. 3. The DCAC is directed to review the Multiple Slip Dock Program Policy to determine whether the policy should be altered or expanded due to concerns which have been expressed during this process. 4. Dock site 41956 will be shifted to the center line of its dock location area, if such location is in the reasonable judgement of the permit holder at least as accessible and safe as the existing location. 5. With the exception of dock locations 41477(Stead dock) and 41866 (open location), and the provisions of paragraph 4 above, all existing dock locations on Devon Commons will remain unchanged and unaffected by this action. MOUND CITY COUNCIL MINUTES- APRIL 14, 1998 MOTION made by Polston, seconded by Hanus adopt 'the above resolution. Councilmembers Jensen and Weycker stated they were not comfortable moving the 2 dock sites to the Pembroke Park multiple slip dock without notifying the property owners who abut Pembroke because the two extra sites there were to be eliminated as people when from two boats to one. There was also a concern that the Pembroke site might not be deep enough. The vote was 2 in favor with Jensen and Weycker voting nay. Motion fails. The Council discussed notifying the abutters at Pembroke Park of the proposal before taking action and checking on the shallowness at Pembroke. PETER MEYER, member of Mound Park & Open Space Commission - stated that he would like to have the POSC review moving the 2 dock sites to Pembroke Park. MOTION made by Hanus, seconded by Jensen to adopt the proposed resolution above subject to the approval of the existing users of the Pembroke dock as well as all others who were originally notified of the multiple dock site at Pembroke; also notification of Mr. Stead about the limitation on the size of his boat. RESOLUTION98-37 RESOLUTION REGARDING RELOCATION OF DOCK LOCATIONS AND DISCONTINUANCE OF CONSIDERATION OF MULTIPLE SLIP DOCK ON DEVON COMMONS AT THE ROANOKE LANE ACCESS The vote was unanimously in favor. Motion carried. 1.13 RECOMMENDATION FROM DOCK AND COMMONS ADVISORY COMMISSION REGARDING A PROPOSED FISHING SITE OFF WILSHIRE BLVD, The Park Director explained that a member of the DCAC proposed that a fishing area be established for the neighborhood residents who would like to utilize it. The motion passed by the DCAC was as follows: "MOTION by Goldberg, seconded by Hopkins to consider this on a 1-year test basis limiting it to dredging of the sediment in front of the storm drain (funding by the street fund), with removal by barge and treatment of milfoil. If no funds are available from the street fund, the dock fund would be used. Motion carried, 3-1." J&l MOUND CI1Y COUNCIL MINUTES- APRIL 14, 1998 The Mayor asked if there was anyone present who wOuld like to discuss this item. The following persons stated they are opposed to this: Jonathan Paul, 4679 Wilshire Blvd., submitted the following petition signed by 15 people: 'Petition Against Proposed Fishing Site on Back-Waters/Channel Area on Black Lake. We the neighborhood residents adjacent to and across from the proposed public fishing site respectfully submit our concerns and request the discontinuation of this proposed action, for the reasons following: 1. The proposed area is only 3-4 feet deep and the water stays quite warm, thus inhibiting game fish from inhabiting the said area. 2. The proposed fishing site would impose upon a very peaceful area, the reason we inhabit the area. 3. Any Mound resident has adequate canoe and row boat access to the main lake areas as well as many bridge areas where all species of game fish are more abundant. 4. A public fishing area would draw the "out-side the area" people that currently fish the Black Lake bridge, etc., and not draw from the general population of Mound. 5. The proposed site would increase traffic/parking congestion and produce litter and refuse problems as evident from viewing other "public fishing sites". 6. While other reasons exist why the proposed site will ill-effect the immediate area, these are some of the initial concerns that make themselves evident." e Ken Ryan, resident of Hopkins, owner of Lots 26, 27 & 28, of which 2 and 3/4 of the lots are in the lake. e Alan Coley, 4626 Denbigh Road. Daryl Nehring, 4590 Denbigh Road. The following persons spoke in favor of the proposed fishing area: Dennis Hopkins, 4609 Wilshire Blvd., stated this area has always been used for fishing by the neighborhood. The Council discussed the cost of cleaning up the sediment at the end of the storm sewer, remove the weeds from the area for fishing and whether it should come from the Street Fund or the Dock fund. There was also discussion about parking in the area. Councilmember Hanus MOUND CITY COUNCIL MINUTES- APRIL 14, 1998 stated he does not want the Dock Fund to pay for this. The Council generally agreed that we should clean up the delta that has built up f~om the storm sewer but they also wanted to make sure that $2,000 would cover the cleanup. The Park Director stated that he was going to try and schedule this when there was another project that someone else might be doing to keep the cost lower. MOTION made by Jensen seconded by Weycker directing Staff to get actual costs on what it will cost to clean up this site by removing the sediment at the outlet of the storm sewer in the lake and bring this cost back to the Council in two weeks for review. The vote was unanimously in favor. Motion carried. 1.14 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT, Vince Forystek, 3131 Inverness Road, stated he built his home and has lived in Mound for 12 years. He built his deck one year after he built his home when San Bertrand was the Building Official. The last 2 or 3 years, the current Building Official has been telling him he did not have a permit for his deck. Now he intends to hand this file over to the Prosecuting Attorney. Mr. Forystek maintains that he did have the previous Building Official inspect the deck and she waived the Building Permit fee at that time. He was concerned about how much money this will cost the City to prosecute. He offered to pay for a permit if the previous Building Official does not remember waiving the fee. The Council stated that because this is pending litigation, they will not discuss this. Mr. Forystek also voiced concern over the amount of City money that is going to be spent on the Lost Lake dredge. He asked that the City publicize the costs and where the money is coming from to pay for this. 1.15 1998 COMMERCIAL INSURANCE PROGRAM - CARL BENNETSEN, R,L, YOUNGDAHL & ASSOCIATES. The Finance Director reviewed the new premiums and options. PROPERTY INLAND MARINE LIABILITY/E&O 1997 1998 7,615 7,529 1,852 2,170 42,096 40,998 MOUND CITY COUNCIL MINUTES- APRIL 14, 1998 AUTO LIABILITY ~ 12,178 12,198 AUTO PHYSICAL DAMAGE 17,869 17,914 CRIME 403 403 WORKER'S COMPENSATION 35,627 26,154 BOILER & MACHINERY 1,384 1,441 AD&D BENEFIT 350 350 LIQUOR LIABILITY 7,080 3,443 EMPLOYEE DISHONESTY 1,097 1,211 OPEN MEETING LAW 679 571 TOTALS 128,230 There are also two additional options for 1998: COVERAGE 1. 114,382 $1,000,000 Excess Liability With Waiver of Immunity Open Meeting Law: 100% Reimbursement-Additional Premium $13,458 131 PREMIUM The City Manager and the Finance Director recommended adding the options. Weycker moved and Hanus seconded the following resolution: RESOLUTION//98-38 RESOLUTION ACCEPTING THE 1998 INSURANCE PROGRAM FROM THE LEAGUE OF MINNESOTA CITIES AS SUBMITTED BY CARL BENNETSEN, R. L. YOUNGDAHL & ASSOCIATES The vote was unanimously in favor. Motion carried. Hanus moved and Weycker seconded the following resolution: MOUND CITY COUNCIL MINUTES- APRIL 14, 1998 RESOLUTION NO. 98-39 RESOLUTION REGARDING LIABILITY LIMITS FOR PROGRAM WAIVER ON TORT LMCIT INSURANCE The vote was unanimously in favor. Motion carried. 1.16 RESOLUTION APPROVING THE EXECUTION AND DELIVERY OF A JOINT POWERS AGREEMENT BETWEEN THE CITY OF MOUND AND INDEPENDENT SCHOOL DISTRICT NO. 277 CvVK_~TONKA SCHOOI, DISTRICT} CREATING THE WF.,~TONKA COMMUNITY CENTER BOARD AND APPOINTING REPRESENTATIVF.~ TO THE WESTONKA COMMUNITY CENTER BOARD FROM THE CITY OF MOUND, The City Manager stated that this is the joint powers agreement between the City and the School District which creates a separate organization, the Westonka Community Center Board (WCCB), and outlines the responsibilities of the organization. The Board will consist of the following members: a. Two members of the City Council of the City of Mound appointed by Council resolution. b. Two members of the School Board of the District appointed by resolution of the School Board. c. The City Manager of Mound and the Superintendent of the School District are exofficio members of the Board without voting rights. The purpose of the Board will be to oversee the operations of the renovated Community Center. The School Board approved this Agreement on April 13, 1998, unanimously. The City Manager stated there is a revision to what was in the packet and he presented that to the Council. It is a 50-50 split for the use of the facility and will reviewed annually. There was also discussion about a possible compost site on property they own near the High School. This is still under consideration by the School District. Weycker moved and Hanus seconded the following resolution: RESOLUTION ~98-40 RESOLUTION APPROVING THE EXECUTION AND DELIVERY OF A JOINT POWERS AGREEMENT BETWEEN THE CITY OF MOUND AND INDEPENDENT SCHOOL DISTRICT NO. 277 (WESTONKA SCHOOL DISTRICT) CREATING THE WESTONKA COMMUNITY CENTER BOARD AND APPOINTING REPRESENTATIVES TO THE WESTONKA COMMUNITY CENTER BOARD FROM THE CITY OF MOUND. MOUND CITY COUNCIL MINUTES - APRIL 14, 1998 Hanus stated there are two minor changes:~in~the Agreement. First change Page 6, Section 8.1, delete the "s" on Members in the first sentence. The second change, Page 7, Section 10.1, second sentence change "three" to "then". The City Manager stated that these were reviewed by the City Attorney's office and they are correct changes. The Council also discussed who should be appointed to the WCCB Board. Councilmember Weycker suggested the Mayor and Councilmember Jensen. Councilmember Jensen declined. It was decided that the Mayor and Councilmember Hanus would be appointed with Councilmember Weycker as an alternate in case one of the two appointed members was unable to attend. The Council agreed. The vote was unanimously in favor. Motion carried. 1.17 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF MOUND AND THE WESTONKA SCHOOL DISTRICT REGARDING THE USE OF THE CITY COUNCIL CHAMBERS FOR SCHOOL BOARD MEETINGS ON A PERMANENT BASIS. The City Manager that the School District had asked to use the City Council Chambers for their School Board Meetings. The Agreement is in the packet for consideration. It would start on or before July 1, 1999, when construction on the Community Center is scheduled to be underway. Jensen moved and Weycker seconded the following resolution: RESOLUTION//98-41 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF MOUND AND THE WESTONKA SCHOOL DISTRICT REGARDING THE USE OF THE CITY COUNCIL CHAMBERS BY THE WESTONKA SCHOOL DISTRICT FOR SCHOOL BOARD MEETINGS ON A PERMANENT BASIS Councilmember Hanus stated he really wanted this tied to the Compost Site but he will go along with it with a few changes. #1 on page 1186 be changed to read. "Westonka Schools would be invited to use the City Council Chambers for Regular School Board meetings 0nly. He would like to see statement "or other uses deemed appropriate" deleted. The Council did not want to include subcommittee meetings. The Council discussed this and did not want to put limits on something that hasn't happened yet. MOUND CITY COUNCIL MINUTE8 -APRIL 14, 1998 The vote was 3 in favor with Hanus voting nay. Motion carded. 1.18 APPROVAL OF AN ORDINANCE AMENDING CHAPTER VI OF THE CITY CODE. MUNICIPAL SERVICES AND PUBLIC I. JT.ILITI~.~, BY ADDING SECTION 650 RELATING TO STORM SEWER SYSTEM, The City Manager explained that the City has been looking at creating a storm water utility for about a year. The idea is to create a storm water utility to provide a fair method of financing needed operations and maintenance to the City's drainage system. It also provides for funding improvements and relates to possible acquisition of properties for the proposed regional storm water ponds that would be located in the downtown area of Mound and maintenance of those ponding areas. He explained the Federal and State laws are requiting the City to develop storm water management plans and that as part of the Comprehensive Plan Update that is due in by the end of this year, we will be required to have a storm water management plan and this is another opportunity to be able to finance the cost of that with this fund. The Mound Visions Program is also underway and the requirements that are going to be related to that downtown regional ponding area will be significant and the cost associated with redevelopment of that downtown area are also things that could be eligible for payment out of a storm water utility and other things such as street sweeping which are now paid for out of the General Fund which impact the storm water system of the City. He presented the proposed ordinance. The Council discussed this and decided they would like to hold some public hearings on this before adopting the ordinance. They suggested the second meeting in May with information being given to the public prior to the hearing. Councilmember Hanus stated that he and Councilmember Weycker attended a storm water program at the National League of Cities Conference and he submitted a copy of a storm water program done by another city to Staff. MOTION made by Polston, seconded by Jensen directing Staff to prepare an educational program in preparation for a public hearing to be held May 26 for a public hearing on adopting this ordinance for creating a storm water utility. The vote was unanimously in favor. Motion carried. 1.19 ADD-ON ITEM: LABOR CONTRACT WITH TEAMSTER'$ LOCAL 3z0 - POLICE OFFICER/INVESTIGATOR AND JUVENILE OFFICER The City Manager explained that this contract expired December 31, 1997, and is now ready for approval. He reviewed a memo dated April 14, 1998 and recommended approval of the two MOUND CITY COUNCIL MINUTES- APRIL 14, 1998 year contract as presented .... , ~: Hanus moved and Jensen seconded the following resolution: RESOLUTION g98-42 The vote was unanimously in favor. RESOLUTION APPROVING THE LABOR CONTRACT BETWEEN THE CITY OF MOUND AND TEAMSTERS LOCAL NO. 320, POLICE OFFICERS FOR THE PERIOD JANUARY 1, 1998 THROUGH DECEMBER 31, 1999 Motion carried. 1.20 A. B. C. D. Ee Go He INFORMATION/MISCELLANF.~US: Department Head Monthly Reports for March 1998. LMCD Mailings. Dock and Commons Advisory Commission Minutes of March 19, 1998. Letter from the Mound City Days Committee regarding your participation in the 1998 Parade. If you are interested, send in the registration form as soon as possible. Letter from Hennepin County regarding the questions you had on the study of a possible traffic signal at County Road 15 and Wilshire Blvd. and at County Road 15 and Cypress Lane. Does Mr. Johnson's letter answer your questions? Should I do anything further? Packet from the Suburban Rate Authority (SRA) for next Wednesday's meeting. Councilmember Hanus is the City's delegate to the SRA. Packet from the Minnehaha Creek Watershed District (MCWD) regarding the Rule B Task Force. Mayor Polston is the City's representative to this Task Force. Lake Restoration will be starting the alum treatment of Lake Langdon next week with an estimate completion date of May 1. You will begin seeing activity around Veteran's Park by this company so if you receive any calls, this is the project that is being done. You can refer those calls to me and I will refer them to the MCWD or their Engineer. MOUND CITY COUNCIL MINUTES- APRIL 14, 1998 Caribou Coffee will not be moving to Mound as expected. Decisions by the Board of Directors regarding the move have been made and they will be remaining in Minneapolis until at least August, 1999. They are searching to a 15,000 square foot facility, somewhere in the metro area to accommodate their Delta Airlines contract. This is unfortunate but there is still a possibility that they could move their entire operation next year out of Minneapolis and maybe it could land up in Mound. MONTHLY HRA MEETING IS SCHEDULED FOR TUESDAY, APRIL 14, 1998, 7 P.M., CITY HALL. MONTHLY COMMITTEE OF THE WHOLE MEETING IS SCHEDULED FOR TUESDAY, APRIL 21, 1998, 7:30 P.M. MOTION lnade by Weycker, seconded by Jensen to adjourn at 11:40 P.M. vote was unanimously in favor. Motion carried. ~w~d~J. ~hukle, Jr., City Manager Attest: City Clerk The ~ PR/4,, BILLS .~ 14, 1998 Batch 8033 $ 74,562.79 Batch 8034 254,300.09 Total bills $328,862.88 I?0 L] 0 0 Z z Z o o I?? ::lc Z o~ , C, ,:' ,' ~ C., C: ,% C, D 0 0 - D ?; m "'.." rd "" © 0 C 0 O O' 0 0 m "', 'D "'~ ') '~. ?&? CZ , I ' . i ZZ I ~'~ O0 · 0 0 Z o 0 Z 0 z 0 z Z .i ._,, ,,,._, ,..,,., ~ , .-,~ r:, :..-,.-,.-,. ........... - i .~ ' ~ 2. ,.- ,, ~ u.J ..b- .:=, ..J- ,..t ~ ..t' .4' .,.t ,.4J ~ I ZZ 0 0 cr~ z 0 Z J.~ Z Z .-t- m o ? o~