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1992-07-14July 14, 1992 MINUTES - MOUND CITY COUNCIL - JULY 14, 1992 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, July 14, 1992, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Liz Jensen, Phyllis Jessen and Ken Smith. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, city Attorney Curt Pearson, City Planner Mark Koegler, Building Official Jon Sutherland and the following interested citizens: Herb Wolner, Claudia Baxter, Dorothy Davis, Jack Bolke, Mark Hanus, Darlene Pool, Don Jerdee, Jerry Gibbs, John Eccles, Jean Sween, and Jerry Winter. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. 1.0 MINUTES MOTION made by Jensen, seconded by Smith to approve the Minutes of the June 23, 1992, Regular Meeting, as submitted, with the following correction: Page 2041, Motion on Item 1.10 should read as follows: "MOTION made by Ahrens, seconded by Smith to approve the above items 1-6 and direct staff to prepare a resolution of approval and bring it back to the next meeting for formal approval.,' .... The vote was unanimously in favor. Motion carried. The Council moved Item #10 up on the Agenda. 1.1 A RESOLUTION OF THE MOUND CITY COUNCIL ACKNOWLEDGING A GIFT OF PROPERTY FROM MSC PROPERTIES (LITTLE LEAGUE FIELDS) The Mayor explained that Herb Wolner has offered to donate the Little League Fields to the City of Mound. In return he would like the City to grant a 99 year lease to the Little League for the use of the fields. This will save the Little League about $5,000 in taxes each year which they can use for equipment, etc. The Council thanked Mr. Wolner and the Wolner family for the donation. Smith moved and Ahrens seconded the following resolution: RESOLUTION #92-83 RESOLUTION OF THE MOUND CITY COUNCIL ACKNOWLEDGING A GIFT OF PROPERTY FROM MSC PROPERTIES The vote was unanimously in favor. Motion carried. 117 July 14, 1992 1.2 PUBLIC HEARING= CASE #92-012: DAKOTA RAIL, INC., 2290 COMMERCE BLVD., PID %13-117-24 33 0066, PRELIMINARY PL~T "DAKOTA RAIL 1ST ADDITION" (NORWEST BANK PROPERTY) The City Planner explained that the Planning Commission recommended approval. He would like the following added to the proposed resolution: iA. No additional access from CSAH 110 or CSAH 15 will be permitted by Hennepin County. lB. Any proposed construction within County right-of-way shall require an approved utility permit prior to beginning construction. Proposed construction includes, but is not limited to, drainage and utility construction, trail development and landscaping. All areas within County right-of-way disturbed by construction shall be restored by the developer/property owner. lC. The land title shall be approved by the City Attorney. The Mayor opened the public hearing. There were no comments. The Mayor closed the public hearing. The Council asked that .a 1D. regarding the required number of parking spaces, be added to the proposed resolution. The fourth Whereas would then read as follows: "WHEREAS, the Mound Advisory Planning Commission unanimously recommended approval of the preliminary and final plat." The Council discussed the difference in the number of parking spaces required by the Zoning Ordinance and the number of parking spaces required by the Central Business District Parking Program. The City Attorney suggested that he add some language similar to the following for ID: "The subdivision is being approved with the express understanding that the property as currently used is required to have 7 parking spaces. The plat provides 5 parking spaces and 2 parking spaces be satisfied by the use of municipal parking facilities, as currently used for banking purposes. If the property is used for retail purposes, the need for public parking facilities will increase." The Council agreed that some appropriate language, similar to the above be added to the proposed resolution to make the resolution more clear on the parking requirements. Jensen moved and Jessen seconded the following resolution. RESOLUTION %92-78 RESOLUTION TO APPROVE THE PRELIMINARY AND FINAL PLAT OF DAKOTA RAIL FIRST ADDITION (2290 COMMERCE BLVD. - NORWEST BANK), P & 118 11,9 July 14, 1992 Z CASE #92-012 The vote was unanimously in favor. Motion carried. 1.3 PUBLIC HEARING: CASE ~92-021, STEPHEN & CLAUDIA BAXTERt 4908 EDGEWATER DRIVE, VACATE A FIRE LANE. The Building Official reported that the Park & Open Space Commission recommended that this request be tabled until they complete their Nature Conservation Area Study and the use of the property is defined. The vote was 7 in favor with 2 abstentions. There was a motion at the Planning Commission to approve the vacation, but that failed on a 3 to 6 vote. Clau4ia Baxter, 4908 Edgewater Dr., the applicant, asked that the Council approve the vacation. Her reasons were as follows: 1) They would like to put an addition on their house and need this property to meet setbacks; 2) the land is currently being maintained by them and the neighbors and the access to the lake is poor. The City Clerk explained that a response has been received from the DNR on the proposed vacation. They are not against the vacation but would encourage the Council to come up with an alternate access if this one is vacated. The Mayor opened the public hearing. The following persons spoke in opposition to the vacation: Dorothy Davis - 4883 Edgewater Drive, stated that Chris Furlong and Lorraine Painter were also against the vacation. Darlene Pool - 4901 Edgewater Drive, was opposed to the vacation. Brian Harpestad - 4925 Edgewater Drive. Mr. Harpestad presented pictures of the access Lucille Wood - 4895 Edgewater Drive, submitted a letter in opposition to the vacation. Ms. Baxter stated she has lived here 2 1/2 years and there are numerous other accesses in the area. She also stated the City does not maintain the access. The Mayor closed the public hearing. The Council looked at an overhead of the area and the accesses. The Mayor read a portion of Mn. Statute 412.851 (Vacation of Streets). "No such vacation shall be made unless it appears in the 119 July 14, 1992 interest of the public to do so" ..... Councilmembers Jessen and Jensen agreed that this would not be in the public interest. Councilmember Smith stated he would like to have the deck that appears to be on the access removed and make the area safe for people to use. He felt maybe this could be tabled until after the report from the Park Commission is completed. Councilmember Ahrens wanted to wait until the Park Commission finished their Nature Conservation Areas before dealing with these accesses (fire lanes). The fire lanes are on the low end of the priority list. MOTION made by Jessen, seconded by Jensen to deny the request for a vacation of a 10 foot wide right-of-way between Lots 13 & 14, Skarp & Lindquist's Ravenswood (4908 and 4916 Edgewater Drive), P & Z Case #92-021). The vote was 3 in favor with Ahrens and Smith voting nay. Motion carried. 1.4 PUBLIC HEARING: CASE #92-022: JERRY WINTER, 2343 COMMERCE BLVD., PART OF LOTS 3 & 4, AUDITOR'S SUBD. ~167t PID ~14-117- 24 44 0004, CONDITIONAL USE PERMIT FOR ASSEMBLY OPERATIONS The City Planner explained that this is a request to operate a light assembly business in the lower level of 2343 Commerce Blvd. The business, known as Advantage Products, will assemble small pest control tools and will initially employ 2 people. The Planning Commission recommended approval with certain conditions listed in the proposed resolution. The Mayor opened the public hearing. Mayor closed the public hearing. There were no comments. The Smith moved and Ahrens seconded the following resolution: RESOLUTION %92-79 RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW A LIGHT ASSEMBLY BUSINESS IN THE B-1 ZONE AT 2343 COMMERCE BLVD., PART OF LOT 3, METES AND BOUNDS DESCRIPTION, AUDITOR'S SUBD. 167, PID %14-117-24 44 0004, P & Z CASE %92-022 The vote was unanimously in favor. Motion carried. 1.5 CASE ~92-019:GEORGE & CHERYL FOUGERON, 1701 BAYWOOD LANE, LOT 4, BLOCK 4, REPLAT OF HARRISON SHORES, PID #13-117-24 21 0087, VARIANCE - DECK EXTENSION The Building Official explained that this was reviewed at the June 120 July 14, 1992 23, 1992, Council Meeting, but because the setbacks were not consistent with the original review by the Planning Commission, it was referred back to the Planning Commission. The applicant has now submitted 2 options for consideration by the Planning Commission and the City Council. Staff recommendation is for approval of option A based on the odd shape and size of the lot and the addition of a deck is a reasonable use of the property. The applicant does have the option of an on-grade detached deck from the dwelling but wanted to have the deck conveniently located to their existing patio doors. The applicant was on vacation and not able to attend the meeting. The applicant asked if the Council was going to deny Option A, they would appreciate tabling a decision until they can be appear before the Council. The Planning Commission voted 4 to 4 on a motion for denial, so there was no recommendation. The Council discussed alternatives that the Planning looked at and minimums to alleviate the hardship. MOTION made by Johnson, seconded by Ahrens to table Case #92- 019, to a future meeting when the applicant can be present (either July 28 or August 11). The vote was unanimously in favor. Motion carried. 1.6 CASE #92-030: DR. DONALD SWEEN, 2028 ARBOR LANE, LOT 6, SUBD. OF LOTS i & 32, SKARP & LINDQUIST'S RAVENSWOOD, PID ~13-117-24 41 0035, VARIANCE TO ALLOW CONSTRUCTION OF ADDITIONS The Planner presented the proposed resolution that was prepared as per Council direction at the last meeting. Ahrens moved and Jensen seconded the following resolution: RESOLUTION #92-80 RESOLUTION TO APPROVE A VARIANCE TO ALLOW CONSTRUCTION OF ADDITIONS TO AN EXISTING HOME ON LOT 6, SUBD. OF LOTS 1 & 32, SKARP & LINDQUIST'S RAVENSWOOD, PID #13- 117-24 41 0035, (2028 ARBOR LANE) P & Z CASE #92-030 The vote was unanimously in favor. Motion carried. 1.7 CASE #92-031: JOHN & CHRISTINE GABOS, 4687 ISLAND VIEW DRIVE, LOT 19 AND PT OF LOT 18t BLOCK 1, DEVONt PID ~30-117-23 22 0009, VARIANCE TO ALLOW CONSTRUCTION OF ADDITIONS The Planner presented the proposed resolution that was prepared as per Council direction at the last meeting. Jessen moved and Smith seconded the following resolution: 121 122 July 14, 1992 RESOLUTION #92-81 RESOLUTION TO APPROVE A VARIANCE TO ALLOW CONSTRUCTION OF ADDITIONS ON LOT 19 AND 18 EXCEPT THE SOUTHEASTERLY 25 FEET FRONT AND REAR, BLOCK 1, DEVON, INCLUDING THE ADJACENT i FOOT OF ROANOKE ACCESS, PID ~30-117-23 22 0009, (4687 ISLAND VIEW DRIVE), P & Z CASE ~92-031 The vote was unanimously in favor. Motion carried. 1.8 COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT. Paul Meisel, 5501 Bartlett Blvd., asked to be removed from the Central Business Parking Program as of June 30, 1992, in a letter in the information part of the packet. In that letter the Meisel's stated they feel they are unfairly subsidizing those businesses who do not have adequate parking. A letter from the City Manager explained that the City would like to have time to review the ramifications and impact on the CBD program. Councilmember Smith stated the question, " Do they have a right to do what they want to with their property, which they own or does the City have control of that property?" The Meisels stated they do not want to wait 2 months for an answer. Pat Meisel - asked that they be allowed to pull out of the CBD Parking Program. They have owned the property for 3 years and not signed anything including them in the CBD program. The business climate has changed. The Council asked that the Staff look at this and get more information on this from the City's perspective and bring this back to the August llth Meeting. 1.9 REVIEW OF CONSTRUCTION ON PUBLIC LANDS PERMIT - RECONFIGURATION OF STAIR PLAN ON COMMONS PROPERTY AT 4577 ISLAND VIEW DRIVE FOR MIKE AND DIANE ROY The Building Official stated that the applicant has submitted a revised plan for the stairway. The plan is more tailored to the slope of the land. The original design projected outward from the slope and the applicant has stated it is difficult to comply with the maximum 8" rise and minimum run requirement of the code. He reported that the staff recommends approval of the new plan consistent with Resolution #92-61. 122 July 14, 1992 Jensen moved and Ahrens seconded the following resolution: RESOLUTION %92-82 RESOLUTION TO AMEND RESOLUTION #92-61 APPROVING THE REVISED PLAN FOR THE CONSTRUCTION OF A STAIRWAY ON DEVON COMMONS ABUTTING 4577 ISLAND VIEW DRIVE, LOT 6, BLOCK 1, DEVON, DOCK SITE %41140 Motion carried. The vote was unanimously in favor. 1.10 RESOLUTION APPROVING A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF MOUND AND RONALD BOSTROM, POLICE OFFICER RE: RETIREMENT EARLY The City Manager explained that Police Officer Ronald Bostrom has submitted his resignation and an agreement has been reached regarding his early retirement, effective August 31, 1992. Jensen moved and Jessen seconded the following resolution: RESOLUTION %92-84 RESOLUTION ACCEPTING THE RESIGNATION OF OFFICER RONALD D. BOSTROMAND APPROVING A MEMORANDUM OF AGREEMENT REGARDING EARLY RETIREMENT The vote was unanimously in favor. Motion carried. 1.11 RESOLUTION APPROVING A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF MOUND AND LOIS SANDQUIST, FINANCE DEPT. RE: EARLY RETIREMENT The City Manager explained that Utility Billing Clerk Lois Sandquist has submitted her resignation and an agreement as been reached regarding her early retirement, effective December 1, 1992. Jessen moved and Johnson seconded the following resolution: RESOLUTION %92-85 RESOLUTION ACCEPTING THE RESIGNATION OF LOIS SANDQUISTAND APPROVING A MEMORANDUM OF AGREEMENT REGARDING EARLY RETIREMENT The vote was unanimously in favor. Motion carried. 1.12 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF MOUND AND HOISINGTON KOEGLER GROUP, INC. REGARDING MOUND VISIONS PROJECT The City Manager explained that in order to continue to receive 123 July 14, 1992 CDBG monies for the Mound visions program, the City sought RFQ (Requests for Qualifications). There were two responses; one from Dahlgren, Shardlow and Uban, Inc. and the other from Hoisington Koegler Group, Inc. The recommendation is that Hoisington Koegler continue to provide services for the Mound Visions program. Smith moved and Jensen seconded the following resolution: RESOLUTION %92-86 RESOLUTION APPROVING HOISINGTON KOEGLER GROUP, INC. FOR THE CONTINUATION OF THE DOWNTOWN ECONOMIC DEVELOPMENT AND PLANNING PROJECT (MOUND VISIONS) The vote was unanimously in favor. Motion carried. 1.13 APPROVAL OF FINAL PAYMENT REQUEST OF $1,105.79 - 1991 LIFT STATION IMPROVEMENT The city Manager reported that the City Engineer recommended approval of the final payment request from LaTour Construction for the 1991 Lift Station Improvement Project. The Mayor asked that a report be submitted from the Water and Sewer Superintendent, Greg Skinner, explaining any problems that the City had with the project causing a final payment to be made 7 months into 1992. MOTION made by Ahrens, seconded by Jensen to approve a final payment request from LaTour Construction, Inc, in the amount of $1,105.79 for the 1992 Lift Station Improvement Project. The vote was unanimously in favor. Motion carried. 1.14 APPROVAL OF AN ORDINANCE AMENDMENT REGARDING BURNING PERMITS The City Clerk explained that the MPCA has contacted the City and stated the ordinance relating to burning permits needed to be updated and the person authorized to issue permits needed to be changed to the present Fire Chief. Councilmember Jensen stated she could not vote in favor of this because she does not believe any open burning permits should be issued in this community for the burning of leaves or brush and trees. Smith moved and Ahrens seconded the following: ORDINANCE %58-1992 AN ORDINANCE AMENDING SECTION 235:27, SUBD. 3 OF THE CITY CODE RELATING TO BURNING RESTRICTIONS - BURNING PERMITS 124 July 14, 1992 REQUIRED The vote was 4 in favor with Jensen voting nay. Motion carried. 1.15 Ahrens moved and Smith seconded the following resolution: RESOLUTION #92-87 RESOLUTION APPOINTING FIRE CHIEFt DON BRYCE, AS THE DESIGNATED PERSON TO ISSUE BURNING PERMITS The vote was 4 in favor with Jensen voting nay. Motion carried. 1.16 PAYMENT OF BILLS MOTION made by Jessen, seconded by Jensen to authorize the payment of bills as presented on the pre-list in the amount of $383,178.94, when funds are available. A roll call vote was unanimously in favor. Motion carried. ADD-ON ITEMS UPDATE- DEAN HANUS CASE The City Manager gave an update on the case. Mr. Hanus was denied the Maintenance Permit or a Public Lands Permit to retain a boathouse and deck on Commons abutting his property and he had until June 10, 1992, to remove the deck and boathouse and he has not done so. The City commenced both criminal and civil action against Mr. Hanus and the complaint was signed by the Building Official a week ago (last Wednesday) and was filed with the court. Mr. Hanus will have to make a court appearance on the criminal side. The civil complaint was prepared and in the meantime a letter was received from Mr. Hanus indicating that he was going to begin disassembling the deck and it would probably take 30 days to complete. Then the City Attorney tried to contact Mr. Hanus and his attorney. The City then received a Complaint late last Friday from Mr. Hanus' attorney indicating they were filing a suit against the City of Mound for this issue. On Monday, July 13, 1992, the City Manager received a letter from Mr. Hanus indicating that we have not been able to communicate effectively and that Hanus will be starting to disassemble the deck and he will have it done in 30 days. The City Manager stated the city is confused as to what Mr. Hanus is doing. Therefore, the City is proceeding as if we have a lawsuit. The Council discussed the fact the Mr. Hanus did not mention the boathouse in his communications. He did say in the first communication that he was going to comply with the resolution. The City Attorney reiterated the City Manager's description of the 125 July 14, 1992 action taken. The city Attorney tried to call Mr. Hanus and his attorney several times, with no response from them. The City Attorney did speak with Mr. Hanus' attorney July 13, 1992, and his attorney informed him that someone else in his office was handling the case and that Mr. Hanus' attorney was not sure what was happening. The City Attorney reported that at this point the city has filed a criminal complaint against Mr. Hanus and Mr. Hanus has filed a civil complaint against the City. The city Attorney will take the documents that haVe been prepared and put them in the form of an answer, but basically the City's claim will remain the same which is to ask for a mandatory injunction to have the encroachment on the public property removed and the property returned to the City. He will keep the City informed on the status of this item as things unfold. EXTERIOR MAINTENANCE ORDINANCE Councilmember Smith asked their be direction that the Staff talk to the Planning Commission about bringing up the Exterior Maintenance Ordinance again. He stated he believed that this ordinance was pretty well intact and could be considered soon. He would like to see that come forward. The Council stated they did not want this tied to the Rental Licensing Ordinance, but felt they need to address the owner occupied property also in the very near future. The Council discussed wanting all the present ordinances that are on the books enforced to deal with nuisances, derelict autos, etc. By consensus, the Council asked the Planning Commission to take up the Exterior Maintenance Ordinance in a timely manner. LAKE AREA CITIES COOPERATION STUDY The City Manager passed out a paper entitled, "Municipal Service Delivery Options in the Lake Minnetonka Area", written by Jim Hurm, City Administrator of Shorewood. He explained that the lake area communities have been meeting on this topic for several months and recently some of the mayors attended and were brought up to speed. The outcome of that meeting was that all felt a study should be pursued and further exploration of the topic be carried out. He will keep the Council updated as the study proceeds. INFORMATION/MISCELLANEOUS A. June 1992 Department Head Monthly Reports. B. LMCD Representative's Monthly Report for June 1992. 126 July 14, 1992 Ce LMCD Mailings. Please note the invitation to attend the Public Official's Lake Tour & Luncheon to be held, Saturday, August 1, 1992, beginning at 11 A.M. at the Lafayette Club dock. Please let Fran know by July 24, 1992, if you and/or your guest will be attending. D. Park & Open Space Commission Minutes of June 11, 1992. E. Planning Commission Minutes of June 22, 1992. F. Thank you note from the Mound City Days Committee for 1992. Ge Invitation to attend the seventh annual "Outreach Breakfast" of the Association of Metropolitan Municipalities (AMM) scheduled for Tuesday, July 21, 1992, 7:30 A.M. at the Radisson Ridgedale. Please let Fran know ASAP if you wish to attend. He Letter dated June 17, 1992, from Pat & Paul Meisel of Mound, who are formally requesting that their properties in the Mound Central Business District (CBD) parking program be removed from the CBD parking program effective June 30, 1992. I responded to Meisels in a letter dated July 6, 1992. This is also attached. I indicated to them that city Staff would be bringing this letter to the attention of the City Council and that Staff would ask that the Council allow the Staff some time to completely review the ramifications and impact of this request on the future of the CBD program. There is ample time to do this since we do not start gearing up the maintenance program until Fall. Do you agree with Staff's recommendation? MOTION made by Smith, seconded by Jensen to adjourn at 10:15 P.M. The vote was unanimously in favor. Motion carried. · d~ J.' ~hUkfe~, Jr., City Manager Attest: City Clerk 127 BILLS July 14, 1992 BATCH 2063 BATCH 2064 TOTAL BILLS $242,464.34 140,714.60 $383,178.94