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1993-08-10240 August 10, 1993 MINUTES - MOUND CITY COUNCIL - AUGUST 10, 1993 The City Council of Mound, Hennepin County, Minnesota, regular session on Tuesday, August 10, 1993, in the Chambers at 5341 Maywood Road, in said City. met in Council 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 Bruce Chamberlain, and the following interested citizens: Tom Casey, John Edewaard, Bill & Dorothy Netka, Julie Lilledahl, Del Pfeifer, Marilyn Byrnes, Phil & Eva Hasch, Neil Weber, and Vince Forstyke. 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 Jensen to approve the Minutes of the July 27, 1993, Regular Meeting, as submitted. The vote was unanimously in favor. Motion carried. 1.1 APPROVAL OF FINAL DRAFT & SUMMARY OF PROPOSED RENTAL ORDINANCE The City Manager explained that the final draft and summary of the proposed housing maintenance regulations for rental housing is ready for the Council's consideration. This ordinance will be enforced on a complaint basis with no fees and no required inspections. The City Attorney stated this ordinance requires a 4/5 vote of approval. Smith moved and Jensen seconded the following: ORDINANCE 964-1993 AN ORDINANCE ADDING SECTION 319 TO THE CITY CODE RELATING TO HOUSING MAINTENANCE REGULATIONS FOR RENTAL HOUSING The vote was 4 in favor with Ahrens voting nay. Motion carried. Councilmember Ahrens stated that she has opposed this in the past because from the first time she asked the question "What is the problem?", she has never gotten a sufficient response to if we have an extraordinary number of complaints and she doesn't see what this puts in place that is not already available. She stated it is far too specific. 240 241 August 10, 1993 1.Z Jessen moved and Smith seconded the following: SUMMARY ORDINANCE %64-1993 A SUMMARY OF AN ORDINANCE ADDING SECTION 319 TO THE CITY CODE RELATING TO HOUSING MAINTENANCE REGULATIONS FOR RENTAL HOUSING The vote was unanimously in favor. Motion carried. 1.3 DISCUSSION: ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) - TEAL POINTE The City Manager asked that this item be delayed to await the arrival of Bruce Chamberlain, City Planner. 1.4 DISCUSSION: PROPOSED NATURE CONSERVATION AREA (NCA'S) PLAN The City Manager explained that this has been an ongoing matter for some time. The Park & Open Space Commission and the Planner have now put together a Nature Conservation Area Plan and are recommending the Council adopt it. The Council discussed the plan and complimented the POSC for all their work on this project. The Council would like to see 3-5 sites designated NCA as an appropriate start to allow more detailed monitoring. MOTION made by Jensen, seconded by Smith to accept the Nature Conservation Area Plan from the Park & Open Space Commission and direct the POSC to recommend 6-8 properties from the parcels they have surveyed as possible NCA,s for Council review and designation of 3-4. The vote was unanimously in favor. Motion carried. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT Julie Lilledahl, 3233 Tuxedo Blvd., stated she and the other landlords were not telling people there would be fees and inspections as was indicated at the July 27th meeting. She gave the Mayor a copy of the letter that was sent to rental property owners. The Mayor stated that there is a line in the letter that could lead people to believe the Council was considering fees and inspections - "(Rental licensing? Fees? Multiple inspections?)". Vince Forstyke, 3131 Inverness, asked for a copy of the ordinance and summary. He was given one. 241 242 August 10, 1993 John Edewaard, 5125 Hanover, asked for a time frame to be set for designation of nature conservation areas. The Council stated they would like to let the POSC carefully look at the sites they are recommending for NCA designation and therefore would not like to put a deadline on this. 1.3 DISCUSSION: POINTE ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) - TEAL City Planner Bruce Chamberlain, stated that official comments were received from the following: Metropolitan Council, MN. Pollution Control Agency, Dept. of Natural Resources, Mr. Tom Casey and Mr. John Edewaard. He then summarized the issues raised and staff clarification and comments as identified by EAWquestion numbers in his report. Mr. Casey stated that he was disappointed that his comments were not included in the packet for Council review. He also stated that according to Rule 4410, 1700, subd. 2, there are 30 days from the close of comments for the Council to act on the EAW. He stated he would like to see the Council review all the comments completely before acting. MOTION made by Jessen, seconded by Ahrens to continue this item for 2 weeks (August 24, 1993) and have staff prepare all comments received and give them to the City Council for review. The vote was unanimously in favor. Motion carried. 1.5 SET PUBLIC HEARING TO CONSIDER PRELIMINARY AND FINAL PLAT 1.6 REQUEST FOR "DAKOTA RAIL 2ND ADDITION" BY DAKOTA RAIL, INC. INVOLVING LANDS SOUTH OF 2281 COMMERCE BLVD. (JOHN'S VARIETY & PETS) AND NORTH OF THE RAILROAD TRACKS MOTION made by Jensen, seconded by Ahrens to set September 14, 1993, for a public hearing to consider preliminary and final plat for "Dakota Rail 2nd Addition', by Dakota Rail, Inc., involving lands south of 2281 Commerce Blvd. (John,s Variety & Pets) and north of the railroad tracks. The vote was unanimously in favor. Motion carried. PAYMENT OF BILLS MOTION made by Smith, seconded by Jensen to authorize the payment of bills as presented on the pre-list in the amount of $598,284.13, when funds are available. A roll call vote was unanimously in favor. Motion carried. 242 243 August 10, 1993 1.7 ADD-ON (LIVE MUSICAL CONCERT PERMIT) The City Clerk explained the request. They have asked for the fee for the permit to be waived. MOTION made by Jess.n, seconded by Ahrens to approve a Live Musical Concert Permit for local area churches at Mound Bay Park (the Depot) on August 21, 1993. Tentative schedule is: D-J music on the deck of the Depot 3:00 - 7:00 P.M. Live music on the deck of the Depot 7:00 - 10:00 P.M. Fee to be waived. The vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS A. Department Head Monthly Reports for July 1993. B. LMCD Representative's Report for July 1993. C. LMCD mailings. De Next Meeting of the West Hennepin Human Services Planning Board is scheduled for Tuesday, September 7, 1993, at Eisenhower Community Center, 1001 Highway 7, Hopkins, in Room 328. For new Board Members, there will be a Board orientation on Tuesday, August 24, 1993, 7:00 P.M. at the West Hennepin Human Services Office, 4100 Vernon Ave. South, St. Louis Park. Councilmember Jensen is scheduled to attend the September 7, 1993, Meeting. Ee REMINDER: Fall National League of Cities (NLC) is scheduled for December 2-5 in Orlando, Florida. Fran sent brochures and related information to you last week. She needs to know ASAP who plans to attend. F. Parks & Open Space Commission Minutes of July 8, 1993. Ge Letter dated August 3, 1993, from Mayor Jerry Rockvam to Gene Strommen, LMCD re: contribution for fighting eurasion water milfoil. REMINDER: Committee of the Whole Meeting, Tuesday, August 17, 1993, 7:30 P.M. 243 244 August 10, 1993 CITY ATTORNEY UPDATES ON LITIGATION DAKOTA R~IL The City Attorney reported that the Dakota Rail Trial is going to start on Monday, August 16, 1993. The City Manager, Mayor and Councilmembers Jensen and Jessen will need to be available. MUNSON CASE The City Attorney reported that the deck is gone on the Munson property. The case against Ms. Munson has been dismissed because she no longer resides in the home. The City is negotiating with the fee owner of the property on the boathouse. HOUSE OF MOY The City Attorney reported that this matter has been resolved. HANUS CASE The City Attorney reported that this item has been deferred to September 7, 1993. MOTION made by Ahrens, seconded by Jessen to adjourn at 9=15 P.M. The vote was unanimously in favor. Motion carried. At~6st: City Cler~ - ' 244 BILLS · August 10, 1993 BATCH 3073 BATCH 3074 Total Bills $519,539.17 78,744.96 $598,284.13