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1993-04-27ADril 27, 1993 MINUTES - MOUND CITY COUNCIL - APRIL 27v 1993 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, April 27, 1993, 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: Melissa Jorgenson, Bill Voss, Ann Schouweiler, Doug Jepson, Dave Streeter, Ken Meyer, Michael Durell, Oi Moy, and Fi Yin Moy. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. 1.0 MINUTES MOTION made by Smith, seconded by Jessen to approve the Minutes of the April 13, 1993, Regular Meeting and the April 20, 1993, Committee of the Whole Meeting, as submitted. Councilmember Jensen asked that the tape of the April 13th meeting be checked to verify a statement made by Councilmember Ahrens. That was done and the Minutes were correct as submitted. The vote was unanimously in favor. Motion carried. 1.1 PUBLIC HEARING: FLOOD PLAIN OVERLAY REGULATIONS The City Planner explained that about one and one-half years ago the DNR notified the City that the Flood Plain Ordinance was deficient due to some changes made at the Federal and State level. They asked that the City work with them on updating the ordinance. The Flood Plain ordinance is necessary so that the City qualifies under the national flood insurance program so that private property owners in flood areas can obtain insurance from commercial carriers that is under written by the Federal Government. He further reported that most of the items to be amended were housekeeping matters. The Planning Commission put a draft together, held a public hearing and it is before the Council tonight. The Planning Commission recommended approval. The Mayor opened the public hearing. Mayor closed tha public hearing. There was no response. The 93 94 April 27, 1993 MOTION made by Jensen, seconded by Ahrens to direct staff to develop a sl]mmary for publication and bring back to the next Council Meeting for approval. The vote was unanimously in favor. Motion carried. 1.2 CASE ~93-009: DOUG JEPSON AND ~NN SCHOUWEILLERt 2545 BI~%CK LAKE LANEt LOTS 10 & 37, BLOCK 11~ SETON~ PID %19-117-23 21 0031t VARIANCE MODIFICATION The Building Official explained the request. The Planning Commission recommended approval subject to the following: The total lot coverage does not exceed 30 percent of the lot area. The lot area be adjusted to include only that area above the flood plain elevation. The lot coverage calculations include future sidewalks and stairs leading to the patio. No driveway be provided to access the patio area. The resolution be filed at Hennepin County. Jensen moved and Smith seconded the following resolution: RESOLUTION %93-47 RESOLUTION TO APPROVE AN AMENDMENT TO RESOLUTION %92-12 GRANTING A TEMPORARY VARIANCE TO ALLOW TWO PRINCIPAL DWELLINGS AT 4618 KILDARE ROAD, NOW KNOWN AS 2545 BLACK LAKE LANE, LOTS 10 AND 37, BLOCK 11~ SETONt PID %19-117-23 21 0031, P & Z CASE %93-009 The vote was unanimously in favor. Motion carried. The Building Official stated that the applicant has asked for a refund of the variance fee for this amendment. MOTION made by Smith, seconded by Jessen to refund of $50.00 to the applicants of P & Z Case %93-009. The Council discussed this. Councilmembers Jensen and Jessen stated they could not support a refund because staff time was used to address the modification. The vote was 3 in favor with Jensen and Jessen voting nay. Motion carried. 94 95 ADril 27, 1993 1.3 CASE ~93-010= DAVE AND FJ%THERINE STREETERt 4700 ABERDEEN ROAD, PART OF LOTS 17 - 20 & 47, BLOCK PEMBROKE, PID #19-117-23 33 0204, VARIANCE The Building official explained the request. The Planning Commission recommended approval. Ahrens moved and Smith seconded the following resolution: RESOLUTION %93-48 RESOLUTION TO APPROVE ALOT AREA ANDREAR YARD SETBACK VARIANCE TO ALLOW CONSTRUCTION OF AN ADDITION AT 4700 ABERDEEN ROAD, THAT PART OF LOTS 17, 18, 19, 20 AND 47, BLOCK 6, PEMBROKE, PID % 19-117-23 33 0204, P & Z CASE %93-0010 The vote was unanimously in favor. Motion carried. 1.4 CASE #93-011: MONICA J. BRUBAKKENt 6615 BARTLETT BLVD., LOT 8 IN HALSTEAD HEIGHTS & PART OF LOT 2 IN HALSTEAD VIEW, PID t22-117-24 43 0010, VARIANCE The Building official explained the request. Commission recommended approval. The Planning Smith moved and Jessen seconded the following resolution: RESOLUTION %93-49 RESOLUTION TO APPROVE A STREET FRONTAGE VARIANCE TO ALLOW RECONSTRUCTION OF A DWELLING DItMAGED BY FIKEAT 6615 BARTLETT BLVD., LOT 8, HALSTEAD HEIGHTS, AND LOT 1, BLOCK 1, HALSTEAD VIEW, PID %22-117-24 43 0010, P & Z CASE %93-011 The vote was unanimously in favor. Motion carried. 1.5 CASE #93-013: KEN MEYER, 2196 FAIRVIEW LANE, LOTS 29 & 30, BLOCK 1, CREVIER SUBD. OF LOT 36 LAFAYETTE PARKt PID ~13-117-24 43 0068t HARDCOVER VARIANCE The Building official explained the request. Commission recommended approval. The Planning Smith moved and Johnson seconded the following resolution: 95 96 April 27, 1993 RESOLUTION #93-50 RESOLUTION TO APPROVE A LOT COVERAGE VARIANCE RESOLUTION FOR 2~96 FAIRVIEW LANE, LOTS 29 & 30, BLOCK ~, L.P. CREVIER'S SUBDIVISION OF PART OF LOT 36 LAFAYETTE PARK, PID #L3-~LT-24 43 0068, P a ~ CASE #93-0X3 The vote was unanimously in favor. Motion carried· COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT There were none. APPROVAL OF PROPOSED PLAN OF ACTIONt DECISION FLOW CHART AND PROCEDURE MANUAL RE: CONSTRUCTION ON PUBLIC LANDS PERMIT PROCESS The Building Official explained that there are three things for the Council to consider tonight. 1. Plan of Action: Renewing Public Land Permits; Amended Decision Flow Chart; and The following are the reasons for the amendments to the Flow Chart: Re-phrase some of the language to be more user friendly; put in question format. Completely re-number all steps (squares). Add square #3.5 "Does proposed improvement require approval from another agency? If yes, received approval from agency, then proceed. Add within squares #4 and #5 the type of permits (i.e. Construction on Public Lands, Land Alteration, Public Land Maintenance, and Continuation of Structure) to help clarify where to go next. Combine circles from old flow chart, #6 and #14, into square #11. Combine squares from old flow chart, #7 and #16, into square #14. 3. Proposed Procedure Manual. The Council discussed the proposed resolution to adopt the amended "Decision Flow Chart". They asked that the following be deleted, "WHEREAS, the City of Mound in 1976 formulated the Decision Flow Chart for the granting of Construction and Maintenance Permits for structures on public parks: and". This deletion is because it refers to public parks not public lands. There were also a couple 96 97, ADril 27, 1993 of typos on the flow chart. The Council discussed a residence that is currently on Commons and if this would fall under #2 of the proposed Flow Chart. The City Attorney answered yes. Jessen moved and Jensen seconded the following resolution: RESOLUTION #93-5L RESOLUTION TOAD OPT THEANENDED "DECISION FLOW CHART" IMPLENENTING THE PROCESSING OF SPECIAL PER~ITS FOR PRIVATE STRUCTURES AND PRIVATE CONSTRUCTION ACTIVITIES ON PUBLIC LANDS The voted was unanimously in favor. Motion carried. The Council then reviewed the Procedures Manual. The Council asked that the samples in the Manual be reviewed to be sure that the time period of 3 or 5 years is correct for each sample that will be included. Page 1436 of the packet (page 45) there should be 2 other sites added to the first 2 sites because 4 sites are mentioned. The Council also asked that as permits are issued they be tracked on the computer so that the City sends out notices when they are due for renewal. On page 1394 of the packet #6. C. needs to be changed from "the Assessing Department" to "the Finance Department". The Council also asked that the same Whereas be deleted from this proposed resolution as in Resolution #93-51. Jessen moved and Johnson seconded the following resolution: RESOLUTION #93-52 RESOLUTION TO ADOPT A PUBLIC LANDS PROCEDURE MANUAL FOR THE PROCESSING OF PEI~ITS FOR PRIVATE STRUCTURES AND PRIVATE CONSTRUCTION ACTIVITIES ON PUBLIC LANDS Councilmember Ahrens stated she would vote against this resolution because she voted against the dock ordinance change at the last meeting. She felt there could be other reasons than safety that a person could be denied a dock. The vote was 4 in favor with Ahrens voting nay. Motion carried. 97 April 27, 1993 1.7 RESOLUTION PROCLAIMING WESTONKA SENIOR CENTER WEEK, MAY 3-7, 1993 The Mayor read the proclamation. Smith moved and Jensen seconded the following resolution: RESOLUTION %93-53 RESOLUTION PROCLAIMING WESTONKA SENIOR CENTER WEEK - MAY 3-7, 1993 The vote was unanimously in favor. Motion carried. 1.8 APPROVAL OF CHARITABLE BEER PERMIT & SET-Up PERMIT - NORTHWEST TONKA LIONS (MOUND CITy DAYS) - POND ARENA AND MOUND BAY PARK - JUNE 19 & 20, 1993 MOTION made by Smith, seconded by Jessen to approval a Charitable Beer Permit a Set-Up Permit for the Northwest Tonka Lions (Mound City Days) - Pond Arena and Mound Bay Park for June 19 a 20, 1993. The vote was unanimously in favor. Motion carried. 1.9 PAYMENT OF BILLS MOTION made by Johnson, seconded by Smith to authorize the payment of bills as presented on the pre-list in the amount of $123,743.27, when funds are available. A roll call vote was unanimously in favor. Motion carried. 1.10 INFORMATION/MISCEL~EOUS Ae Financial Report for March 1993 as prepared by Gino Businaro, Finance Director. B. L.M.C.D. Mailings. Ce Letter from the City of Orono about meeting to discuss common issues to cities. Tuesday, May 4, 1993, 7:30 A.M. to 9:00 A.M. at the Lafayette Club. Please let Linda know by Friday, April 30th if you plan to attend. REMINDER: Governor Arne Carlson is scheduled to speak to a group of government officials and business owners, Monday, April 26, 1993, at 11:30 A.M. - 12:15 P.M., Burl Oaks Golf Club. Lunch will follow address at $10.00 per person. Please plan on attending this event to hear the Governor's thoughts on the remaining weeks of the Legislative Session. 98 ADril 27, 1993 The City Manager reported that the Recycling Day was a huge success. The Council complimented the people who worked and the residents who contributed by cleaning up their yards. The Council asked that all the figures be analyzed after they are all in to be sure that we are not subsidizing the program. The Mayor reported that since this not only benefited Mound but other surrounding communities, he has asked two of those communities if they would be willing to supply some people power for the next Recycling Day and they have agreed. Councilmember Jensen asked that the Manager stay after Dakota Rail about all the brush that they cut and left in the right- of-way some time ago. 1.11 APPROVAL OF PROPOSED PART-TIME POSITION OF CODE ENFORCEMENT OFFICER WITHIN THE POLICE AND PLANNING AND INSPECTION8 DEPARTMENTS The City Manager explained that this is on the agenda as a result of the interest by the Council to try to more aggressively enforce our existing nuisance ordinance as it applies to yard clean-up, debris, junk cars, and code enforcement issues that we have been trying to deal with, with the staff we have. As a result, in the 1993 proposed budget Police and Planning recommended that we add a part-time code enforcement officer or community service officer. That was cut out of the budget by the City Manager. The Council has been interested in pursuing this so the new proposal is a part- time person, approximately 25 hours a week, at $7.50 per hour and the costs would be shared equally by Police and Planning. This person would assist the current code enforcement officer with the issues mentioned above. There was a proposed resolution. The title of this position would be Community Service Officer, not Code Enforcement Officer, as in the job description. The Council discussed the job description and indicated they would like to see emphasis put on enforcing the nuisance ordinance, i.e. junk cars, messy yards, and code enforcement. The Council also asked that there be tracking on how much time is spent on each aspect of the enforcement. Smith moved and Jensen seconded the following resolution: RESOLUTION #93-$4 RESOLUTION APPROVING PART TIME POSITION AS COMMUNITY SERVICE OFFICER WITHIN THE POLICE AND PLANNING /%ND INSPECTIONS DEPARTMENTS The vote was unanimously in favor. Motion carried. 99 100 April 27, 1993 1.12 PRESENTATION OF PRELIMINARY FEASIBILITY REPORT USINO TAX INCREMENT FINANCING FOR THE REDEVELOPMENT OF THE COMMUNITY SERVICE CENTER PROPERTY - HOISINGTON KOEGLER GROUPt INC. Mr. Rusty Fiefield, Hoisington Koegler Group, Inc., presented a Preliminary Feasibility Analysis for the Use of Tax Increment Financing in the possible redevelopment of Community Services Building. The objectives of the report were to: Provide the City of Mound and other effected parties an assessment of the ability to create a tax increment financing district. Analyze the capacity of tax increment financing to provide public participation in redevelopment. Identify other issues relating to the use of tax increment financing. 4. Identify other steps to be taken in creating a plan of finance. Based on their analysis they performed, tax increment financing could be used to facilitate the redevelopment of the community services building site. He stated this is a qualified "could be". There are a number of things that need to happen for that to fall into place. Mr. Fiefield reviewed the following informational items with the Council: Ability to Create TIF District Statutory Criteria Limitations on Redevelopment District Calculation of Tax Increment Adjustment of Original Tax Capacity Estimated Tax Increment Development Scenario 1: Grocery Store Only Development Scenario 2: With Bank & Liquor Store Financial Feasibility Analysis Project Costs Sale of Land Debt Capacity Loss of Local Government Aid Findings and Recommendations Mr. Fiefeld suggested the following in planning for the project: 100 101 ADril 27, 1993 Gather additional information needed to support the findings to create a redevelopment TIF district. Continue to seek formal clarification from the County on the establishment of the Original Tax Capacity after sale to the developer. Monitor potential changes in the 1994 legislative session in case the TIF district needs to be created in advance of adverse legislation action. Bruce Chamberlain pointed out that one of the goals of the Mound Visions Project is to support and strengthen existing Mound retailers. Thus, when talking about a grocery store, liquor store and bank, these are all existing businesses. The scenarios do not involve new retailers. The Council also discussed the fact that there would have to be another community center developed if this project is undertaken. There was no action taken on this item at this time. 1.13 DISCUSSION= RECONSIDERATION OF MID BLOCK CROSSWALKS REMOVAL ON SHORELINE DRIVE AT THE HOUSE OF MOY The City Manager summarized his letter and questions (dated March 31, 1993) to Hennepin County and their response (dated April 15, 1993) to his letter regarding the House of Moy crosswalk. He reported that there was a meeting with Hennepin County on April 6 to look at this mid block crosswalk and the possibility of moving it to the east. The following were responses from the County: 1. REQUEST: Reconsideration of a "No Right Turn on Red" sign at CSAH 15 and CASH 110. RESPONSE: It is inconsistent with County policies for placing these signs. There was not sufficient reason to change their previous response not to install this sign. REQUEST: Moving the present House of Moy crosswalk to the MTC bus shelter east of the House of Moy. RESPONSE: There are two significant problems: a. the number of trucks maneuvering to make deliveries to the boat and auto repair business just west of the proposed crosswalk location which would screen both pedestrians and warning signs thus causing safety problems for pedestrians; and 101 102 April 27, 1993 be there are several driveways in this area with vehicles slowing and stopping to turn into driveways which could cause confusion to drivers as to whether vehicles are stopped for turns and for pedestrians. 3. REQUEST: Review of types of crosswalk striping that could be used if the House of Moy crosswalk was to remain. RESPONSE: The county would use a new standard of crosswalk striping (longitudinal blocks 2' x 6' and the use of Stamark preformed durable marking material). This would be beyond their normal practice. 4. REQUEST: Speed limit reduction to 30 miles per hour. RESPONSE: The speed limit is established by the Commissioner of Transportation. This area was reviewed in 1989 when the current speed limit of 35 mph was set. The Council can make a request and the County is willing to forward that request but urged that a lower speed limit be confined to the immediate downtown area of CSAH 15. So REQUEST: Additional signing to better warn motorists of pedestrians in the House of Moy crosswalk. RESPONSE: With elimination of Post Office crosswalk, they would be able to provide advance warning signs in addition to the existing crosswalk warning signs at the House of Moy crosswalk. To improve nighttime visibility, they would use Hi-Intensity sheeting on the signs. They could also provide Day-glo plaques on top of the advance warning signs. Theses are both beyond their normal practice. e STATEMENT: The City is analyzing options regarding providing parking on the same side of the road as the House of Moy. RESPONSE: Strong encouragement to continue this effort since it eliminates pedestrian/vehicle conflicts on CSAH 15 and provides safety benefits. PROBLEM: People walking directly out of the House of Moy into the crosswalk on CSAH 15. 102 103 ADril 27, 1993 RESPONSE: The County right-of-way appears limited and the best solution to this appears to be either the reworking of the House of Moy's front steps, or the moving of the crosswalk slightly east or west. REQUEST: More time be allowed for pedestrians crossing at the signal at CSAH 110 and CSAH 15. RESPONSE: Their Operations Engineer will adjust the timing of the Walk/Don't Walk phases in the near future. They will also place a decal on the signal to better inform the pedestrians as to what the "Walk/Don't Walk" indications mean. The County stated the following in their letter: "...there is substantial controversy over the safety benefit provided to pedestrians by crosswalks. There is concern that crosswalks may provide the pedestrian with a false sense of security and there is particular concern regarding mid-block crosswalks on four lane roadways ....... It is the County's position to support the City in their request to remove the four mid-block pedestrian crossings in Mound." The Police Chief was present and stated that he agreed with the County as far as their assessment of moving the crosswalk to the MTC bus shelter. He further stated that he has not changed his opinion on mid-block crosswalks and how dangerous they are. The Council stated they would like to request that the speed limit in the downtown area be reduced to 30 mph. The Police Chief stated that the problem will be that the Department of Transportation will not just lower the speed limit. They will come out and do a traffic study which could work in reverse of what the Council wants, because if 85% of the traffic is going 35 mph or higher that is where the speed limit could be set. The Council decided to continue to explore the speed limit option. The Council discussed providing more signage on County Road 15 calling attention to the public parking lot that is located behind the House of Moy. They also discussed what Mrs. Moy could do to encourage parking in the rear parking lot, i.e. provide and entrance to the restaurant from the rear. The Council accepted the additional petition that was turned in last Thursday. 103 104 April 27, 1993 Mike Durell, representing the House of Moy, presented additional signatures since the last petition was turned in. He stated that there are now approximately 2945 signatures on 177 pages in support of retaining the crosswalk at 5555 Shoreline Dr. adding certain safety features. He noted that Representative Steve Smith has signed the petition and stands firmly behind the merits of this petition. Mr. Durell stated that Representative Smith has assured them that he will be working diligently toward obtaining a lower speed limit in the downtown area of Mound. The Council assured Mr. Durell that the lower speed limit will continue to be explored. Mr. Durell stated that he is here to encourage the Council to accept the County's offers to improve the crosswalk. The Mayor stated that if the Council decided to keep the crosswalk, they would certainly accept the County's suggestions for crosswalk marking. Mr. Durell stated that there should be driver education campaign like handing out tickets to driver's who do no observe the crosswalks. The Mayor stated that the Council has discussed this before. The Police Chief stated that the City has no control over what happens in court with crosswalk violation tickets. He further stated that money has been set aside every Spring to write crosswalk violations and have done that and on one occasion the Judge offered every violator the opportunity to just pay court costs. The Mayor asked if Mr. Durell had new information to offer. Mr. Durell stated that he has given updates on the petition. Mr. Durell stated he was hopeful that the Council was going to keep the crosswalk with the improvements. He pointed out that a lot of people (as named on the petition) are requesting the crosswalk remain. He further stated that there were 5 people struck in crosswalks in the last three years, and most of which were hit at traffic lights. He stated that the fairest hearing is the petition. The Mayor stated that the easiest thing to do with this issue would be to leave the crosswalk and put up a yellow flashing light. He stated that the best information from the public safety people is that this mid-block crosswalk will always be dangerous, no matter what we do to it. 104 105 ADril 27, 1993 Councilmember Ahrens state that if all the people signing the petition had all the information that the Council has and heard all the testimony from the experts, that probably those people would not have signed the petition. She stated she intends to support removal of the mid-block crosswalk. Councilmember Smith stated that he feels there is plenty of parking in the rear public parking lot (which could be improved) and he felt that the citizens would use that lot if the crosswalk is removed. Councilmember Jessen stated that even with new striping and lighting, that mid-block crosswalk would still not be safe. She agreed that using the parking lot behind the House of Moy and other areas on that side of the street seems to be the best alternative. Councilmember Jensen stated she takes a different view of this. She stated she is fearful that removing this crosswalk will make a bad situation even worse. She stated she does not support leaving it where it is, nor moving it down to the bus shelter. She stated she sees the problem as being able to walk out of a business, down the stairs and right into the street. She would prefer moving the crosswalk some distance to the east, not west which would be closer to Marion St. or the signal lights at CSAH 110 and CSAH 15. After it is moved east, take the County up on their offer to change the signage and markings on the street, to better let drivers know there is a situation in front of them. She favored continuing pursuit of reducing the speed limit in that area. She also wants to pursue the "No Turn on Red" signage. MOTION made by Smith, seconded by Jessen to remove the crosswalk in front of the House of Moy, along with the other 3 mid-block crosswalks that were discussed at a previous meeting. The vote was 4 in favor with Jensen voting nay. Motion carried. The Mayor stated that the City will continue to try to reduce the speed limit in the downtown area and if Representative Smith can help, it would be appreciated. Mr. Durell stated that Representative Smith will work diligently to keep the crosswalk at the House of Moy. The Council also asked that signage on County Road 15 calling attention to the public parking lot at the rear of the House of Moy be done. 105 106 April 27, 1993 X.X4 ~ENDIN~ LITIgaTION The City Attorney stated that the City has been threatened with litigation. Five residents, living on Bluebird Lane, have contacted the Council and indicated that they believe that the land which abuts their property and lies between their homestead and the lake, is not land that the City of Mound has any right to be regulating or issuing dock permits on. They have researched and presented the City with approximately 14 pages of allegations. Those allegations are now being reviewed and studied by members of City Staff and we are trying to get a handle on exactly what the background is and what the facts are as it relates to what has happened here. So the City Staff is working, going through old files. There is going to be a necessity to do some research and some other things as to the rights that these people are asserting. Since the original communication, the City has received another communication yesterday, (because the Dock Inspector is out there now and has placed some stakes on 9 various locations on the Commons) and these people are objecting and indicating that this is escalating the dispute between the City and themselves as property owners. This is the current status. The city Attorney further stated that we need to find out what the facts are in order to respond to the allegations. If the facts are, as they have stated, then we have to assess those facts to determine what the City's rights are. There is a difference between public commons and there are commons that are dedicated to subdivisions or other lot owners. It is their position that this is not a public commons. The Mayor asked if these people are also suggesting that this is not a dedicated commons either, that the people that don't abut the commons don't have a right to be there either. The City Attorney stated that they are indicating that any argument in respect to that is between them and their neighbors. And they take the position that their neighbors do not have certain rights, but that's not unusual, because they are trying to lay some kind of claim to that land. The City Attorney stated that it will take about a month to put this together. At that time, he will meet with the Council, explain the facts that have been assembled and explain the various alternatives to the Council. This will probably have to be done in Executive Session because then the Council will have to make some choices as to which direction the Council will go. The City Attorney will keep the Council updated. 106 107 ADril 27, 1993 MOTION made by Jensen, seconded by Ahrens to adjourn at 11:00 P.M. The vote was unanimously in favor. Motion carried. u Jr. City Manager At~e's't: City -Cl e~k - 107 BILLS' April 27, 1993 BATCH 3042 $123,743.27 TOTAL BILLS $123,743.27