Loading...
1998-05-12MINUTES - MOUND CITY COUNCIL - MAY 12, 1998 Thc City Counoil of thc City of Mouncl, H nn pin County, Minnesota, mt in regular session on Tuesday, May 12, 1998, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, and Leah Weycker. Councilmember Liz Jensen was absent and excused. Also in attendance were: City Manager Edward J. Shukle, Jr., City Attorney Jim Thomson, City Clerk Fran Clark, Building Official Jon Sutherland, and the following interested citizens: Tom & Shad Casey, Dennis Hopkins, Becky Cherne, Greg Knutson, Gene & Gretchen Smith, and Dave Moore. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. *Consent Agenda: Ail items listed under the Consent Agenda are considered to be routine by the Council and will be enacted by a roll call vote. There will be no separate discussion of these items unless a Councilmember or Citizen so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. APPROVE AGENDA. At this time items can be added to the Agenda that are not listed and/or items can be removed from the Consent Agenda and voted upon after the Consent Agenda has been approved. *CONSENT AGENDA MOTION made by Ahrens, seconded by Hanus to approved the Consent Agenda as presented. A roll call vote was unanimously in favor. Motion carried. The Mayor asked to have the following item added to the Regular Agenda: A dock problem that the City has been working on over the past several weeks. Councilmember Weycker stated that per Ordinance #155:20, it takes a unanimous vote to add to the Agenda. Weycker indicated she would not vote in favor of discussing this tonight, because the public was not notified. The Mayor stated he is not asking for action to be taken tonight. It is a request to ask the Staff to look into a situation. Councilmember Weycker stated that she does not think this has to be an Agenda item. She stated he could just request what he wants staff to look into. The Mayor stated it needs to be an Agenda Item because the Staff is looking for direction and they need the Council to direct them. It does not involve action on any dock locations. Councilmember Weycker still objected to this being put on the Agenda because it could be voted on. The Mayor stated that at the last City Council meeting he had a discussion with Barb Casey regarding a safety issue that concerns her dock site. He indicated that he asked Ms. Casey to call him and arrange to have himself and two members of the Staff go to her dock site and try to see if she would be satisfied shifting her dock over approximately 4-6 feet from center in the opposite direction. This would alleviate the safety concern he has about the site and would allow Ms. Casey safer access to 214 MOUND CITY COUNCIL MINUTES- MAY 12, 1998 would alleviate the safety concern he has about the site and would allow Ms. Casey safer access to the dock. This is what he wants the Staff to look into and propose to Ms. Casey. He stated that the ordinance could be amended to stipulate that all dock sites will be put on center. He stated the City is trying to work with Ms. Casey, to cause her the least amount of inconvenience. MOTION made by Poiston, seconded by Hanus to have Ms. Casey's dock site be placed on the regular Agenda for discussion this evening, in order to direct Staff to prepare a f'mding of fact on the safety issues of this dock site. Councilmember Ahrens abstained from voting on this issue. The vote was 2 in favor with Weycker voting nay. Motion fails. The Mayor asked if any member of the Council had an objection to having Staff look into this situation. There was no objection. The Mayor accused Councilmember Weycker of trying to politicize the issue. The Mayor stated he would like to direct Staff to go and look into the issue and report back on the safety of this. He stated he wants the dock in the safest possible position to protect the health, safety and welfare of the residents and the people using that dock. He then asked that the Staff bring a finding of fact back to the Council. Councilmember Weycker stated there is objection if we are voting on this motion. The Mayor stated it was not a motion. The Mayor stated it is his opinion that the Staff has the authority to go in there and make sure that this dock is put in a safest place for access. He further stated that he has not heard from Ms. Casey so he is proposing that the Staff take the appropriate action to keep someone from being injured on that site. TOM CASEY, father of Barb Casey, addressed the Council on her behalf because she was working. He stated that it is his understanding that she was not aware she was to call the Mayor regarding this situation. The Mayor stated he left a message on Ms. Casey's recorder asking her to call him and she has not done so. MR. CASEY stated that at the last meeting Ms. Casey was told to meet with the Dock Inspector and determine where the safest placement of the dock would be. She met with the Park Director, Jim Fackler, and they inspected the site and both agreed the safest place for that dock is right where is was. Mayor Polston stated that was not true. He stated he has talked with the Dock Inspector and he has reassured him that he never told Ms. Casey that the dock was in the safest possible place. He further stated that he has been told by another abutting citizen that he was told by Ms. Casey that the Mayor and the Dock Inspector told her the dock was in the safest possible place. He stated that is simply not true. He stated he has always indicated to Ms. Casey that it is in an unsafe situation for herself and anyone trying to use it and that we would meet with her and do anything that we possibly could to make it safe. MR. CASEY asked why it is unsafe the way it is? The Mayor responded that the Commons cannot be traversed in a safe manner because of the way the 215 MOUND CITY COUNCIL MINUTES - MAY 12, 1998 dock is laid out in relation to a retainin§ wall that is built and installed on private property, He pointed out that the Commons is very narrow at this point. MR. CASEY stated he thought thc Commons was 20 fcct wide them. The Mayor stated that is not the case. MR. CASEY gave the background of the house which he sold to his daughter, Barb Casey. He stated that to his knowledge no one has ever been injured at this site. He stated there was never a problem here before the gazebo and retaining wall were built. Mr. Casey stated the gazebo that was built is within 15 feet of the lake. He then asked who created the problem here? He stated is wasn't his daughter. The Mayor stated it wasn't the City Council who created the problem. Mr. Casey disagreed. GENE SMITH stated the gazebo and retaining wall should never have been placed that close to the Commons. The Mayor stated he was not on the City Council when the gazebo and retaining wall were put in and he is looking at safety in the future of this dock site. He stated he cannot change anything that has happened in the past, but he can protect the health, safety and welfare of the people that use it in the future. GENE SMITH stated that to eliminate this hazard would be to remove the trees that were planted, in the first place, to hinder access to this dock site. Mr. Smith stated he was in attendance at the meeting with Ms. Casey and there was never any mention of her calling the Mayor. He stated she was requested to move the dock 2 feet. The Mayor disagreed with Mr. Smith and stated that the Staff also tried to call Ms. Casey twice and never got a return call. The City Manager stated that Mr. Fackler and Mr. McCaffrey attempted to contact Ms. Casey. GENE SMITH, stated that his wife was in attendance at the meeting with Mr. Fackler and the Dock Inspector when he agreed with Ms. Casey that the dock was in the safest location where it was. He stated that to move it to the east would put the dock fight behind the tree. The Mayor stated that it is not currently in the safest location now. GENE SMITH, stated, "We know exactly what's going on here and so do you Mark. This is a big smoke screen to get Andrea Ahrens more dock space. That's all she wants." Hanus responded, "It has nothing to do with that. The only access to that site is on the top of the rip- rap. It's either that or you walk in the middle of that hillside." GENE SMITH, "Then take the trees down that were illegally planted there just to hinder the traffic." Hanus asked, "Which trees are those?" 216 GENE SMITH, wall." MOUND CITY COUNCIL MINUTES ~ MAY 12, 1998 "Those little trees right there that protrude out by that illegal retaining Hanus responded, "Those were not planted there by any individual. GENE SMITH, "I was there when they planted the trees. I know all about this whole deal. If you want to continue with this, we can do it in court." He then accused the Council of conspiring. Councilmember Weycker disagreed that there is a safety issue here. She stated there are safety concerns whenever we are dealing with the Commons and lakeshore and outside. She stated her fiancee was issued a dock through the City that they could not even access the location. She further stated that if the Council is going to talk about safety issues, then this needs to be addressed across the board for all dock areas. She stated the Council should not withhold someone's dock because of a safety issue. The Mayor stated that the Council is not withholding Ms. Casey's dock. He is asking that it be shifted a few feet because it is in an unsafe spot. Hanus stated if it is shifted, Ms. Casey will not have to crawl over the grassy knoll to get up to the top of the small hill and then slide down a grassless dirt hill to get to the other side. TOM CASEY, asked why there is a dirt hill there? Hanus stated it is probably too steep to grow grass when it rains. TOM CASEY, stated it is because someone cut into that hill to put in a gazebo. Hanus stated the he was on the Planning Commission when that gazebo was approved with no variances issued. TOM CASEY, apologized for his daughter not returning the Mayor's phone call, but explained that she has not been at home. The Mayor asked who installed Ms. Casey's dock. TOM CASEY stated he assumed it was Ms. Casey's ex-husband. The Mayor stated he would have rather have met with Ms. Casey before the dock was installed. The Mayor stated that the Council is directing Staff to prepare a finding of fact on the safety issue that the City is confronted with at this dock site. He further offered to work with Ms. Casey to resolve this situation. DOCK SITE #42129 The Mayor stated there is a Memo that was handed out tonight to the Mayor and City Council from Park Director, Jim Fackler regarding temporary issuance of an abutting dock site//42129 which has not been paid to date by the abutting property owner (Gene Smith) at 4705 Island View Drive. Mr. 217 MOUND CITY COUNCIL MIJVUTES- MAY 12, 1998 Faclder is issuing a Temporary Dock Site to Todd Stead to utilize dock site @42129 for this year. The Mayor asked if there was any objection to this. There was none. Mr. Gene Smith asked if he could have thc vacant site on thc other side of Ahrcns. Thc Mayor explained that at this point there is no dock over there. ,, Mr. Smith asked if two dock sites have been eliminated? Councilmember Hanus stated that he does not think that has been determined yet. Councilmember Weycker stated that if this area becomes a non-traversable Commons, she would like to see the documentation of the so called safety issue which she does not believe exists. She did not like the idea of eliminating 4-7 non abutting dock sites because of small incline in the Commons which could be taken care of with a step, at a cost of probably under $100 to the City. GENE SMITH stated that the responsible thing to do would be to remove those trees, because they are hindering access to the area. Councilmember Hanus, stated that those trees were used as findings when the gazebo was built as a requirement for screening the gazebo. He stated to take those small trees out now would be in violation of the Shoreland Management Ordinance. GENE SMITH asked if the high water mark was ever surveyed and the appropriate setback followed on that retaining wall. The Council asked that this be checked out. *1.0 APPROVE THE MINUTES OF THE APRIL 28, 1998, REGULAR MEETING. MOTION Ahrens, Hanus, unanimously. *1.1 CASE 9%45: MINOR SUBDIVISION, CHUCK DOWNEY, 2051 ARBOR LANE, LOTS 6 & 7, SKARP 7 LINDQUISTS RAVENSWOOD, PID#13-11%24 41 0005. RESOLUTION g98-51 RESOLUTION TO APPROVE A MINOR SUBDIVISION, AT 2051 ARBOR LANE, LOTS 6 & 7, SKARP & LINDQUISTS RAVENSWOOD PID 13-11%24 41 0005, P & Z CASE g9%45 Ahrens, Hanus, unanimously. '1.2 CASE 9%41: VARIANCE, FRONT YARD SETBACK, SIDE YARD SETBACK, CHUCK DOWNEY, 2051 ARBOR LANE, LOTS 6 & 7. SKARP & LINDOUISTS RAVENSWOOD, PID# 13-11%24 41 0005. 218 MOUND CITY COUNCIL MINUTES- MAY 12, 1998 -RESOLUTION g98-52 RESOLUTION TO APPROVE A FRONT YARD, SIDE YARD AND IMPROVED STREET FRONTAGE VARIANCES, TO ALLOW FOR A MINOR SUBDIVISION OF THE PROPERTY AT 2051 ARBOR LANE, LOTS 6 & 7, SKARP AND LINDQUISTS RAVENSWOOD, PID 13-117- 24 41 0005, P & Z CASE//97-41 Ahrens, Hanus, unanimously. '1.3 BID AWARD; 1998 SEALCOATING PROGRAM. RESOLUTION g98-53 RESOLUTION APPROVING THE LOW BID OF ASTECH CORPORATION IN THE AMOUNT OF $28,767.50 FOR THE 1998 SEALCOAT PROJECT Ahrens, Hanus, unanimously. .1.4 APPRQVAL OF RELEASE OF $168,750.00 FROM THE LETTER OF CREDIT FOR MAPLE MANORS. 1544-1545 MOTION. Ahrens, Hanus, unanimously. '1.5 PAYMENT OF BILLS. MOTION Ahrens, Hanus, unanimously. 1.6 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. There were none. 1.7 PUBLIC HEARING: CASE 98-06: ZONING AMENDMENT (REZONING), 4901 SHORELINE DRIVE, JAMES JOHNSON/DAVE MOORE, LOT 6, BLOCK 3, SHIRLEY HILLS UNIT A, PID#13-117-24 44 0032. The Building Official explained the request. The Planning Commission recommended approval. The Mayor opened the public hearing. There were no comments. The Mayor closed the public hearing. 219 MOUND CITY COUNCIL MINUTES- MAY 12, 1998 Hanus moved and Ahrens seconded the following: RESOLUTION #98-54 RESOLUTION TO ALLOW A ZONING AMENDMENT, FROM A R-lA TO A R-2 ZONING DISTRICT FOR THE PROPERTY LEGALLY DESCRIBED AS, LOT 6, BLOCK 3, SHIRLEY HILLS UNIT A, PID 13-117-24 ~4 0032, P & Z CASE//98-06 The vote was unanimously in favor. Motion carried. ORDINANCE g97-1998 AN ORDINANCE REZONING CERTAIN LANDS AS DESCRIBED FROM R-lA SINGLE FAMILY RESIDENTIAL TO R-2 TWO FAMILY RESIDENTIAL The vote was unanimously in favor. Motion carried. 1.8 CONTINUED DISCUSSION: COST OF SEDIMENT REMOVAL FROM PROPOSED FISHING AREA ON WILSHIRE BLVD. The City Manager explained the background. Minnetonka Portable Dredging estimates approximately $2,200 to remove the silt and sand that has washed into the Lake. The DCAC recommended that this be done. Councilmember Weycker asked if there are other areas where this is a problem. The City Manager stated that yes there are other areas where storm drains deposit material in the Lake. Councilmember Weycker asked if the City feels responsible for cleaning this up. The City Manager stated there are a certain amount of funds available, but the City has not had a full fledged program to do this. In order to address this problem City wide, a much larger program would need to be implemented. At this point the City responds to citizens requests for clean up of these areas and this is how the areas are recognized. He stated if a program were implemented, a budget would need to be established for this. The following resident spoke in favor of the proposal: Dennis Hopkins. MOTION made by Polston, seconded by Weycker to authorize spending up to $2,200 out of the Street Fund to remove sediment from the area at the end of the storm drain on Wilshire Blvd. The Council asked that the City try to do this cleaning up by land not necessarily by barge. The vote was unanimously in favor. Motion carried. 1.9 INFORMATION/MISCELLANEOUS: Department Head Monthly Reports for April 1998. Rule B Stormwater Management Recommendations of the Stormwater Task Force and announcement regarding next Task Force meeting. REMINDER: Committee of the Whole meeting, Tuesday, May 19, 1998, 7:30 p.m. 220 MOUND CITY COUNCIL MINUTES - MAY 12, 1998 HRA meeting, Tuesday, May 12, 1998, 7:00 p.m. REMINDER; WCCB meeting Thursday, May 21, 1998, 7:00 p.m., City Hall. Joyce Nelson, Recycling Coordinator, has indicated that a private firm has made arrangements to establish a compost site near Watertown at the former Ecklund Tree Service property. It is approximately 12 miles from Mound. The proposal is subject to various permit approvals but it could be available sometime next Spring. In addition, Hennepin County, at its Lake Minnetonka Regional Park site, has indicated that they would be willing, starting in the fall of this year, to take leaves. Leaves would have to be hauled by the City. Residents could not use this for a drop off site. MOTION made by Ahrens, Seconded by Weycker to adjourn at 8:30 P.M. The vote was unanimously in favor. Motion carried. Attest: City Clerk - 221 Bills May 12, 1998 Batch 8043 Batch 8044 Total Bills $ 96,424.67 116,802.38 $213,227.05 I I I ! I ooo oooo m i CJ C z o ? o Z 0 Z ~ ! ! m ~ o ~- [g¥ °o ,,-4 ~°°°~°~°~ oooooo0 0 ~? ? 'o A ~T o ~ o eq Z ~¥ °° ? c THIS PAGE LEFI' BLANK INTENTIONALLY.