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1999-04-13MINUTE8 - MOUND CITY COUNCIL - APRIL 13, 1999 The City Council of the City of Mound, Hennepin County, Minnesota, met in special session on Tuesday, April 13, 1999, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Pat Meisel, Councilmembers Andrea Ahrens, Bob Brown, Mark Hanus, and Leah Weycker. Also in attendance were: City Manager Edward J. Shukle, Jr., City .Attorney John Dean, Assistant City Planner Loren Gordon, City Engineer John Cameron, City Clerk Fran Clark and the following interested citizens: Dave Moore, Bev Barkley, Wayne Ehlebracht, Ron Bergquist, Bernie McVey, John & Mar Nelson, Richard & Cookie Carlson, Tom Stokkes, Richard Oliver, Jim Graham, John Haulton, Jim Ford, and Mark Hendrickson. 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. *CONSENT AGENDA The City Manager stated he has two items to add. 1. An item for the Regular Agenda which would be a discussion item that deals with the a variance application to the LMCD from the Pelican Point Homeowner's Association. The public hearing at the LMCD is scheduled for tomorrow night and the Staff at the LMCD has asked that the Council consider this variance and provide comments on it. 2. An item for the Consent Agenda setting a Special Council Meeting for Monday, April 19, 1999, at 7:30 P.M. to discuss the dockage on Devon Common in the Roanoke Access area. Councilmember Weycker asked that Item D on the Consent Agenda be removed. Mayor Meisel stated she has a couple of questions on Items F, G and J on the Consent Agenda. MOTION made by Weycker, seconded by Brown to approve the Consent Agenda as amended. The vote was unanimously in favor. Motion carried. 254 MOUND CITY COUNCIL MINUTES- APRIL 13, 1999 *CONSENT AGENDA *1.0 APPROVE THE MINUTES OF THE MARCH 23. 1999. REGULAR MEETING, MOTION Ahrens, Weycker, unanimously. *1.1 APPROVE THE MINUTES OF. THE MARCH 90, 1999. SPECIAL MEETING. MOTION Ahrens, Weycker, unanimously. '1.2 SET EXECUTIVE SESSION TO BE HELD DURING THE COMMITTEE OF THE WHOLE MEETING, APRIL 20, 1999 TO DISCUSS THE WOODLAND POINT MATTER. MOTION Ahrens, Weycker, unanimously. · 1.3 SET BID OPENING DATE FOR 1999 SEALCOAT PROGRAM. SUGGESTED DATE: APRIL 28, 1999, 11 A.M. MOTION Ahrens, Weycker, unanimously. · 1.4 RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT FOR (HMEP) HAZARDOUS MATERIALS EMERGENCY PROGRAM MQNIF~, RESOLUTION g99-27 RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT FOR (HMEP) HAZARDOUS MATERIALS EMERGENCY PROGRAM MONIES Ahrens, Weycker, unanimously. 255 '1.5 MINUTES - MOUND CITY COUNCIL - APF,1L I$, 1999 APPROVAL OF LICENSE RENEWALS: GA1VIES OF SKILL. POOL TABLES. BOWLING, AMUSEMENT DEVICE. AND RESTAURANT. MOTION to approve the following licenses to approve the following licenses contingent upon all required forms, insurance, etc., being submitted. GAME~ OF SKILL American Legion Post//398 VFW Post//5113 POOL TABLES VFW Post/15113 Lake Minnetonka Bowl BOWLING Lake Minnetonka Bowl AMUSEMENT 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 Subway Sandwiches VFW Post #5113 Uncharted Grounds Public Gathering Permits VIKING BASSMASTERS - OCTOBER 3, 1999 - WEIGH-IN AT MOUND BAY PARK MINNETONKA BASS CLASSIC (DENNY NELSON) - JUNE 5, 1999 - WEIGH-IN AT MOUND BAY PARK Ahrens, Weycker, unanimously. 256 MINUTES- MOUND CITY COUNCIL - APRIL 13, 1999 '1.6 CASE 99-05: MINOR SUBDIVISION. TO READ.IUST pROPERTY LINE~ TO CREATE TWO PARCELS. MARVIN NELSON. 202~ SHOREWOOD LANE. LOTS 4. $ & 6. BLOCK 1, SHADYWQQD POINT 61980, PID #18-117-23 32 O011 & 11~-117-2;3 ;32 0012, RESOLUTION # 99-28 RESOLUTION APPROVING A MINOR SUBDIVISION AT 2025 SHOREWOOD LANE, LOTS 4-5-6, BLOCK 1, SHADYWOOD POINT, PID # 18-117-23 32 0011 & 18-117- 23 32 0012, P & Z CASE # 99-05 Ahrens, Weycker, unanimously. *1.7 PAYMENT OF BILLS, MOTION Ahrens, Weycker, unanimously. '1.8 ADD-On; SET SPECIAL CITY COUNCIL MEETING FOR MONDAY, APRIL 19, 1999, AT 7:30 P.M, TO DISCUSS THE DOCKAGE ON DEVON COMMON IN THE ROANOKE AREA - APRIL 19, 1999, MOTION Ahrens, Weycker, unanimously. 1.9 PROCLAMATION DECLARING MAY 1-2, 1999 AS MARCH FOR PARKS WEEKEND IN THE CITY OF MOUND. Councilmember Weycker stated that the Park & Open Space Commission has asked that the money collected from the pledges for the City of Mound be used to buy trees for the parks in the City of Mound. The consensus of the Council was that this is an appropriate way to spend the money. Weycker moved and Brown seconded the following resolution: RESOLUTION #98-29 RESOLUTION PROCLAIMING MAY 1 & 2, 1999, AS MARCH FOR PARKS WEEKEND IN THE CITY OF MOUND The vote was unanimously in favor. Motion carried. 257 1.10 MINUTE3- MOUND CITY COUNCIL - APRIL 15, 1999 RF_~OLUTION APPROVING PARTICIPATION IN THE LOCAL C.A)V~T INFORMATION SYSTEMS (LOGIS) HEALTH CARE GROUP (GROUP). The MayOr asked how much this will cost? The City Manager explained that it does not cost anything. The City is a member of the LOGIS Health Care Group. It is just a formal agreement that the city is going to participate in the program. It is part of the health coverage. Meisel moved and Hanus seconded the following resolution: RF~OLUTION g99-30 RESOLUTION APPROVING PARTICIPATION IN THE LOCAL GOVERNMENT INFORMATION SYSTEMS (LOGIS) HEALTH CARE GROUP (GROUP) BY THE CITY OF MOUND The voted was unanimously in favor. Motion carried. 1.11 RESOLUTION APPROVING A CONDITIONAL USE LICENSE AGREEMENT WITH HENNEPIN COUNTY REGARDING ELECTRONIC PROPRIETARY GEOGRAPHICAL DIGITIZED DATA BASE (EPDB) AND AUTHQRIZING THE MAYOR AND CITY MANAGER TO SIGN THE AGREEMENT. The Mayor asked if there is a cost to this? The City Manager explained that originally there was a $500. charge. The County has merely revised their agreements to reflect some changes in the technology. Meisel moved and Weycker seconded the following resolution: RESOLUTION #99-31 RESOLUTION APPROVING A CONDITIONAL USE LICENSE AGREEMENT WITH HENNEPIN COUNTY REGARDING ELECTRONIC PROPRIETARY GEOGRAPHICAL DIGITIZED DATE BASE (EPDB) AND AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN THE AGREEMENT The vote was unanimously in favor. Motion carried. 1.12 APPROVAL OF LICENSE RENEWALS: TRANSIENT MERCHANT, TREE REMOVAL, SET-UP LICENSE, AND PUBLIC GATHERING PERMITS. The Mayor asked if there have been any problems with the By the Way Snack Shop and boat traffic in the Seton Channel? The Staff stated there have been no complaints and the Water Patrol has not had any problems for the 2 years they have been in business. 258 MINUTES- MOUND CITY COUNCIL - APRIL 13, 1999 MOTION by Meisel, seconded by Ahrens to approve the following licenses cOntingent upon all required forms, insurance, etc., being submitted. Transient MerChant By the Way Snack Shop Tree Removal License Aaspen Tree Service Amberwood Tree Bear Tree Care Four Season's Tree Service Ostvig Tree, Inc. Precision Landscape Randy's Tress Service Shorewood Tree Service (Residential) Set-Up License A1 & Alma's Supper Club The vote was unanimously in favor. Motion carried. 1.13 PUBLIC HEARING CASE 99-06; MINOR SUBDIVISION, TO READJUST PROPERTY LINES TO CREATE TWO PARCELS TO CONSTRUCT A TWINHOME AT 2541 WEXFORD LANE, FINE LINE DESIGN GROUP, INC., LOTS 1, 2, 3, 14 & 15, BLOCK 7, SETON, PID ~24-117-24 11 0019. 1.14 PIJ'BLIC HEARING; CASE 99-07: REVIEW OF CONDITIONAL USE PERMIT TO ALLOW FOR CONSTRUCTION OF A TWINHOME LOCATED WITHIN THE R-2 SINGLE OR TWO FAMILY ZONING DISTRICT AT 2541 WEXFORD LANE, LOTS 1, 2, 3, 14 & 15, BLOCK 7, SETON, PID//24-117-24 11 0019. The City Planner explained that these two cases, 99-06 and 99-07, will be explained together. The Minor Subdivision(1.13) would have to be approved in order for the Council to consider the Conditional Use Permit (1.14). The Planner stated the applicant has requested a minor subdivision to split property into two buildable lots to construct a twin home. The proposal would split the parcel north/south creating tWO new lots as shown on the survey. The Planning Commission recommended approval of the subdivision with the following conditions: Easements for drainage and utility purposes should be required along all · exterior lot lines, ten feet in width adjacent to the three streets and five feet wide along the south lot line of Parcel B. 259 MINUTF, S- MOUND CITY COUNCIL - APRIL I$, 1999 Utility serVices are in-place for both parcels. Parcel A has a sewer service available on the Longford Road side and water services in both Longford Road and Wexford Lane. Parcel B can use the existing services that presently service the house that is schedule for demolition. The City's record utility plan shows the existing house was equipped with an individual sewage pump, because it could not be served by gravity. The proposed structure may have the same situation if basements are planned. These existing services will need to be replaced from the right-of-way to the new structure. A more complete grading plan will need to be furnished at the time of building permit application. The Planner further stated that the Staff recommends approval of the request because it is consistent with the Zoning Code and the Comprehensive Plan. The Planner then explained the request for a Conditional Use Permit. He stated this is consistent with the R-2 Zoning. There are covenants regarding the agreements with the two property owners that would occupy each side of the unit. These are consistent with other twin home projects. He reported that the lot area is large enough for 2 and maybe 3 single family detached homes. If this were done, a Conditional Use Permit would not be needed. The Planning Commission recommended approval of the Conditional Use Permit for the twinhome with the following conditions: A. The existing fencing conform to the codes for fence requirements. B. All existing buildings be removed prior to construction. Covenants be established and approved by the City Attorney prior to Council review for the exterior of the proposed buildings and the landscaping of the lots. D. The basement elevation not be lower than 933.5 feet. Any changes in the plan be reviewed by the Planning Commission prior to City Council approval. F. Applicant adhere to the Tree Preservation Performance Standards. Go Review by the Building Official of the back-up systems if the basements are to be served with sanitary sewer. The Planner also suggested adding the following as a condition of the subdivision section of the proposed resolution, as follows: 260 · MINUTES- MOUND CITY COUNCIL - APRIL 13, 1999 1. C. Park dedication fees be paid as stated in Section 330:120 of the City Code. The applicant asked if this is one additional park dedicati°n fee. The Planner stated, yes. Councilmember Hanus asked if this is private dockage or public dockage. The Planner stated the dock will come off of private lakeshore. Councilmember Hanus stated that his understanding is that there will be one dock and both parties will share that dock. The applicant agreed. Councilmember Hanus then asked the applicant if he had a problem with adding one more condition to the CUP that would read as follows: H. . Dockage is to be retained as private dockage and to be utilized from private lakeshore rather than public. Mr. Stokkes stated he does not have a problem with adding that condition. The Mayor opened the public hearing. The following persons spoke against the Subdivision and the CUP: Ron Bergquist, 2540 Wexford Lane Gordy McVey, 4807 Longford Road The reasons were as follows: 2. 3. 4. 5. 6. Increased traffic. Would rather see two single family dwellings· Loss of trees. Loss of their view of the lake. Don't want a multi-family dwelling in the neighborhood. Do not want rental units in the neighborhood. Richard Carlson, 4832 Longford Road, asked about the fences that are currently around this property. The developer stated those will come down and anything that is put up would have to conform to the ordinance. Tom Stokkes, Fine Line Design, informed the Council that one of these units is already pre- sold and the sale price is in excess of $300,000. The Mayor closed the public heating. The Council discussed the tree issue. The Planner stated that Item F in the proposed resolution will handle this. 261 MINU1E$- MOUND CITY COUNCIL - APRIL 15, 1999 Brown moved and Hanus seconded the following resolution: RESOLUTION//99-32 RESOLUTION APPROVING A MINOR SUBDIVISION AND CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A TWINHOME IN AN R-2 ZONING DISTRICT LOCATED AT 2541 WEXFORD ROAD, LOTS 1, 2, 3, 14 & 15, SUBJECT TO ROAD, BLOCK 7, SETON, PID #24- 117-24 11 0019, P & Z CASES//99-06 & 99-07 Hanus asked that the following be added to the proposed resolution as discussed previously: 1. C. Park dedication fees be paid as stated in Section 330:120 of the City Code. Dockage for the properties is to be located on private lakeshore and not utilize public shoreline. The vote was unanimously in favor. Motion carded. 1.15 CASE 99-03: CONTINUED PUBLIC HEARING: RESOLUTION TO APPROVE A HARD COVER VARIANCE AND TO VACATE A UTILITY EASEMENT IN ORDER TO ALLOW FOR CONSTRUCTION TO CONVERT A 1% STORY DWELLING INTO A 2 STORY AND ADD AN ADDITION WITH AN ATTACHED GARAGE, AT 4844 ISLAND VIEW DRIVE, LOT 1 & 2, BLOCK 5, DEVON, PADS 25-117-24 11 0047 & 25-117-24 11 0046 City Planner, Loren Gordon gave the following: BACKGROUND/COMMENTS: George Ayaz property owner at 4844 Island View Drive has submitted a request for the following: Vacate 1/2 of Drummond Road adjacent to the property. Vacate a utility easement area along the front of the property as contained in Doc. # 779757. Currently Drummond Road is a paper street that has water and sanitary sewer lines within in it. Between Dexter lane and Amhurst Lane, Drummond runs in the rear of homes located on the block. All homes on the block front on Island View Drive or Hanover Road. As there are no homes that "front" on Drummond or and detached garages that could utilize it as an alley, it does not seem useful to the public for access purposes. The City Engineer's report dated February 1, 1999, details the utility and easement issues on the property. Recommendations from this report are included in the following recommendation. 262 MINUTES- MOUND CITY COUNCIL - APRIL 13, 1999 The applicant submitted a request last year for front and side yard variances to remodel the existing residence. The request to vacate that part of Drummond Road is primarily .related to the need to comply with the hardcover conditions stipulated in the approved resolution//98- 43. The resolution states that hardcover for the property is limited to 40 percent. As proposed, the property would be over the allowable amount by 412 square feet. With the incorporation of 1/2 of a vacated Drummond Road, the total property area would be I 0,.000 sq. ft. which would allow for 4,000 sq. ft. of hardcover. The site plan and hardcover calculations submitted with last year's variance request show a total of 3932 sq. ft. of impervious surface. The new survey dated January 26, 1999, is the same as last year's survey, except that the driveway has a notch on the north side and is about 5 feet wider. This new site pla~ would add approximately 432 sq. ft. of hardcover bringing the total hardcover after incorporation of the vacated street to 4364 sq. ft. An overage of 364 sq. ft. Even with street vacation, the January 26th site plan could not be approved. To move this request along there are a couple of options: If the Planning Commission determined the vacation is in the public's interest, the hardcover would be limited to what is shown on the original site plan submitted with the variance request. The request could be modified to vacate all of Drummond Road which would then be incorporated in to the property. This assumes the abutting property owner north of Drummond does not wish to receive the north 1/2. Total allowable hardcover would be 4,480 sq. ft. The third option would be to modify the previously approved resolution to allow the extra driveway hardcover as shown. This would be a hardcover variance of 364 sq. ft. RECOMMENDATION: Staff recommended that the Planning Commission recommend Council approval street and utility easement vacations as requested with the following conditions: 1. Limit the ha~dcover to 40 percent as stated in Resolution #98-43. 2. Vacate the south half of Drummond Road right-of-way adjacent to Lots I and 2, Block 15, Devon, retaining a permanent easement for utility and drainage purposes. 3. - Vacate the north 10 feet of the easement as originally described in Document No. 890740. 4. Upon recording of vacation documents, a revised survey is to be furnished which shOws all easements and City utilities, including the watermain in the north one half of unimproved Drummond Road. The Planning Commission recommended the following: Approval for a variance for hard cover limits not to exceed 40 percent (4,000 square .feet). 263 . MINtJTE8- MOUND CITY COUNCIL - APRIL 15, 1999 Denial of the vacation request because it provides a "piecemeal" planning process and that the Island View utility easements be maintained with the three conditions per the City Engineer's report. Request that the Council have Staff prepare a recommendation to vacate all of the unimproved Drummond Road. City Engineer, John Cameron, reported that he has reviewed the application for street and easement vacation and have the following comments and recommendations. The application requests vacation of the south one half of Drummond Road adjacent to the applicant's property, Lots I and 2, Block 15, Devon. This half of the right-of-way has a sewer service for Lot 19, Block 16, Devon running thought it. There is a City watermain located in the north one half of the ROW. Attached is a copy from the City's record plans, which shows both lines. It does not appear that the Drummond Road right-of-way will ever be needed for street purposes; therefore we see no public interest in retaining this right-of- way for street purposes, but utility and drainage easements must be retained. The application also requests vacation of the easement contained in document No. 779757 which covers the south 20 feet of Lot 2, Block 15, Devon. The existing garage is located within this easement, however in 1986 the north 10 feet was vacated, we assume because of the garage. The south 10 feet was retained as a Utility easement because a City watermain runs through this portion of the lot. This 10 foot easement must still be retained; therefore nothing needs to be done with the easements on the south end of Lot 2. Attached is a copy of document No. 779757, the original easement and documents No. 1789599 and No. 1798024 containing Resolution 86-117 vacating the north 10 feet of the 20 foot easement. For some reason, this resolution was recorded twice. Lot one, Block 15, Devon also has a utility easement across the south 20 feet and is recorded as document No. 890740. It was originally dedicated for both the watermain and sanitary sewer main. The addition to the existing house as proposed by the applicant will extend over the city sanitary sewer main and manhole. This short section of sanitary sewer only serves this property; therefore arrangements have been made with Public Works to allow removal of the manhole and a section of the City sewer main when the addition is constructed. With removal of the city sanitary sewer main, the size of the easement can be reduced from 20 feet to 10 feet. Attached is a copy of document No. 890740 There is one last document No. 1466491 which is for a triangular easement at the southeast comer of Lot I for the curb radius. The proposed construction will not affect this easement, thus it can be left in place. Attached is a copy of document No. 1466491. The City Engineer made the following recommendation regarding the proposed street and easement vacations. The utility issues have been coordinated with Greg Skinner of Public Works and he concurs with these recommendations. 264 MINUTES- MOUND CITY COUNCIL - APRIL 13, 1999 Vacate the gmth half of Drummond Road fight-of-way adjacent to. Lo. ti' I. and 2, Block 15, Devon, retaining a permanent easement for utility and drainage'purposes. Vacate the north 10 feet of the.easement as originally described in Document No.. 890740. .. Upon red. ording of vacation documents, a revised surVey is to be furnished which shows all easements and City utilities, including the watemain in the north one half of unimproved Drummond Road. Councilmember Hanus. suggested adding an item to the proposed resolution which would be in the NOW, THEREFORE, to read as follows: 1.e. The owner is responsible for removal of any existing sanitary sewer on this parcel as well as re~hook-up of his private sewer system. The City Attorney suggested adding this to Item 1.c. to read as follows: C. Vacate the north 10 feet of the easement as originally described in document //890740. The applicant to enter into an agreement providing for the removal and re-hook-l~p of the private sewer system at his expense. The Mayor opened the public hearing. There were no comments. The Mayor closed the public hearing. Councilmember Hanus stated that the Planning Commission also asked that the Council consider vacating the entire unimproved portion of Drummond Road. Councilmember Hanus also asked that the following be added to item 1.a. in the proposed resolution as follows: 1. a. The vacation request for the south 1/2 of Drummond Road be denied, due to the' desire that further steps be taken to investigate the vacation of both halves of the unimproved portion of Drmnmond Road. This would not require that we do that but it would give a reason for the denial. Hanus s~ated he would, if this resolution is approved, then offer another motion asking Staff to investigate this vacation possibility. The Council discussed possibly vacating the unimproved portion of Drummond Road entirely but, retaining the utility and drainage easements. The City Attorney explained that the requirement for vacation is that 51% of the property owners along the unimproved road have to petition for the vacation. If the City wants to vacate the road that requirement does not hold true but, it would take a 4/5's vote. of the City Council to initiate the process. The City Engineer stated he felt the owners of property along unimproved Drummond Road needed to be notified before this process to see if they had any plans for splitting their lots and locating a home along this road. At present, the homes on these lots front on Hanover Road. 265 MINUTE,5- MOUND CIIT COUNCIL - APRK, 13, 1999 Hanus moved and Ahrens seconded the following resolution with the changes above made by himself and the City Attorney: RESOLUTION/B)9-33 RESOLUTION TO APPROVE A HARDCOVER VARIANCE AND DENY THE VACATION OF A UTILITY EASEMENT IN ORDER TO ALLOW FOR CONSTRUCTION TO CONVERT A 1 1/2 STORY DWELLING INTO A 2 STORY AND ADD AN ADDITION WITH AN ATTACHED GARAGE, AT 4844 ISLAND VIEW DRIVE, LOT 1 & 2, BLOCK 5, DEVON, PIDS 25-117-24 11 0047 & 25-117-24 11 0046, P & Z CASE//99-03 The vote was unanimously in favor. Motion carried. MOTION made by Hanus seconded by Ahrens directing Staff to investigate the possibility of vacating the entire unimproved Drummond Road, retaining drainage and utility easements. The vote was unanimously in favor. Motion carried. PUBLIC HEARING; NORWOOD LANE PUBLIC IMPROVEMENT. The City Engineer explained the background of this proposed improvement which was discussed in detail at the March 9, 1999, City Council Meeting. The Mayor opened the public heating. John Haulton, 4900 Bartlett Blvd. stated he has not intention of splitting his lots and would like to have his utility assessment deferred until his Lot 7 is subdivided off. The City Attorney informed Mr. Haulton that even if the Council defers the utility portion of his assessment, it will continue to accrue interest until it is paid. The Council discussed deferring the utility portion of the assessment on Mr. Haulton's parcel until such time as the parcel is subdivided or a building permit is requested. The also discussed deferring Beverly Barkley's utility assessment under the condition that it be paid if her vacant parcel is sold and a building permit is requested. The City Engineer recommended that both the Haulton and Barkley property have their utility assessments deferred, at this time. The Council agreed this would be appropriate. Dave Moore, developer, spoke in favor of the Norwood Lane Improvement Project. He further stated the twin homes will be in the $150,000 price range and approximately 1500 square feet each. The Mayor closed the public hearing. 266 MINUTES- MOUND CITY COUNCIL - APRIL 13, 1999 Hanus asked what the impact on the City will be with the deferments? The City Engineer stated that without the deferments the City share is $12,300 and too that you would add the age deferment on Lots 12 and 13 at $8,540; and if the utility deferment is given on Lot 7 that would add another $2,175 for a total of $23,015, which would add about 10,715. The City pays the entire contract price up front and is then paid back over 10 years plus 8 % interest. 1.16 RF~OLUTION AMENDING STANDARDS AND GUIDELINES FOR DEFERRAL OF SPECIAL ASSESSMENTS BECAUSE HARDSHIP FOR SENIOR CITIZENS. Hanus moved and Brown seconded the following resolution: RESOL~ION//99-34 RESOLUTION AMENDING STANDARDS AND GUIDELINES FOR DEFERRAL OF SPECIAL ASSESSMENTS BECAUSE HARDSHIP FOR SENIOR CITIZENS The vote was unanimously in favor. Motion carried. 1.17 RESOLUTION ADOPTING ASSESSMENT FOR THE NORWOOD LANE IMPROVEMENT PROJECT. The City Attorney suggested the follOwing language be inserted in the resolution adopting the assessment role: "The entire street assessment on Lot 7 (PID//13-117- 24 44 0033) of $2,095.00 will be assessed now and collected as set forth in this resolution. The utility assessment ($2,175.00) on Lot 7 will be deferred with interest accruing until such time as Lot 7 is subdivided from Lots 8 & 9, Block 3. Ahrens moved and Hanus seconded the following resolution with the above amendment as suggested by the City Attorney: RESOLUTION g99-35 RESOLUTION ADOPTING ASSESSMENT FOR THE NORWOOD LANE IMPROVEMENT PROJECT. The vote was unanimously in favor. Motion carried. 267 1.18 MINIJTE8- MOUND CITY COUNCIL - APRIL 15, 199~ RESOLUTION AWARDING THE BID AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE CONTRACT FOR THE NORWOOD LANE IMPROVEMENT PROJECT The City Attorney advised the Council that they may be wise to make this award effective until 31 days from now, in case there is an appeal to the assessment. The City Engineer stated that the contractor is ready to start next week and if the award is delayed he would not be able to start until later this Summer and the bids are only good for 60 days and that runs out on April 25th. Brown moved and Weycker seconded the following resolution: RESOLUTION #99-36 RF~OL~ION AWARDING THE BID AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE CONTRACT FOR THE NORWOOD LANE IMPROVEMENT PROJECT The vote was unanimously in favor. Motion carried. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. There were none. 1.19 FURTHER DISCUSSION RE: POSSIBLE CITY OF MOUND PARTICIPATION IN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONSOLIDATED POOL, HENNEPIN COUNTY OFFICE OF PLANNING & DEVELOPMENT STAFF. The following Hennepin County Staff members were present: Mark Hendrickson, Jim Ford and Jim Graham. They explained the consolidated pool to he City Council. After considerable discussion on the pros and cons of joining the consolidated pool, the following action was taken: MOTION made by Ahrens, seconded by Meisel to join the consolidated pool. A roll call vote on the original motion was 3 in favor with Hanus and Weycker voting nay. Motion carried. Councilmember Weycker stated that she voted no because she would rather have the City Council keep control over where this money is targeted and She had more questions. Councilmember Hanus stated he voted no because he had some more questions. 268 MINUTES - MOUND CITY COUNCIL- APRIL 13, 1999 1.20 PLANNING COMMISSION RECOMMENDATION ON FENCE/TR~LLI~ ISSUE Assistant Planner, Loren Gordon, reported that the Planning Commission felt that the fence definition was generally good and was a good fit for most situations. For. those situations that were in the grey zone, ,they felt staff needed to use a 'common sense approach' for enforcement. 'The definition reads as follows. Fence. 'A fence is defined for the purpose of this Ordinance as any partition, structure, wall or gate erected as a divi'ding barrier or enclosure and located along the boundary, or within the required yard." Loren Gordon explained that he has reviewed a number of City zoning codes and found little in the way of assistance with a definition for a fence or trellis. All of the communities he reviewed including Orono, Minnetrista, Shorewood, Bloomington, and Minnetonka, did not have a fence or trellis definition. They all have specific standards for height, materials, and finish similar to ours. He suggested we continue the discussion on the definition and purpose of a fence. He will continue to look for additional information that could help with discussions before the Planning Commission's meeting on Monday. Hanus stated that he feels our Staff tends to be taking literal interpretations out of the Code Book because it's comfortable and they have something to go back and hang their hat on, which is nice. But, in the real world that cannot always be done and some common sense needs to come into play. He felt that maybe we need to add some materials into the definition or the description of what a fence is to clarify some of the specifics. There was discussion on the regulation of fences and the fact that many municipalities do not define fence/trellis. The City Attorney stated that most municipalities regulate fences but do no define them. The Planner stated he is most comfortable working without a definition for fence and felt the Building Official would probably agree. MOTION made by Ahrens, seconded by Hanus asked that the Planning Commi~i°n to take appropriate action (hold a public hearing) to consider removing the definition of a fence from the Zoning Code. The vote was unanimous.ly in favor. Motion carried. 1.21 ADD-ON; PELICAN POINT DOCKAGE, The City Manager explained that Pelican Point has applied to the LMCD for a 50 foot variance to allow them to go from 1000 feet to 150 feet at the north end of the property, rather than relocating the 16 slips to the south. The LMCD will be holding a public hearing on this tomorrow evening and would like the city's input on this. 269 MINUTES- MOUND CITY COUNCIL - APRIL 15, 1999 MOTION nmde by Brown, seconded by Hanus to recommend that the LMCD approve extending the Pelican Point docks out from 100 feet to 150 feet rather than relocate 16 slips. The vote was unanimously in favor. Motion carried. INFQRMATION/MISCELLANEOUS. A. Department Head Monthly Reports for March 1999. Letter from Kiki Sonnen, Executive Director, WeCan requesting financial assistance in relocating their offices from the Westonka Community Center to some other location. I did not put this on the action part of this agenda because the Council has previously stated that it did not believe it had a financial obligation to relocate the community tenants except for the public access studio which it now controls with Chanhassen. C. Dock and Commons. Advisory Commission Minutes of March 18, 1999. Do Memorandum from Jim Strommen, Suburban Rate Authority, on the area code decision. Letter from the National League of Cities (NLC) regarding the five federal priorities of the NLC. Fo Summary of the Minnehaha Creek Watershed District (MCWD) Roundtable held with City Managers, Administrators and other city officials. Notice from MCWD regarding a public meeting on the operation of the Gray's Bay Dam Control Structure. Meeting is scheduled for April 22, 1999, Minnetonka Community Center, Council Chambers at 6:30 p.m. Notice from the Association of Metropolitan Municipalities (AMM) regarding vacancies on the Transportation Advisory Board (TAB) and on the AMM Board. Public Hearing Notice from LMCD regarding Pelican Point Homeowner's Association variance application. Public hearing is scheduled for April 14, 1999, 7:00 p.m., Tonka Bay City Hall. Notice from the Mound City Days Committee regarding participation in the parade. Please send in this notice to the Committee if you intend to be in the parade. Councilmember Brown attended the joint planning commission meeting with Minnetrista on March 29 at Minnetrista. He may want to comment on the results of that meeting. Brown commented that it was an extremely productive meeting. 270 Le MINUTES- MOUND CITY COUNCIL - APRIL 13, 1999 Copy of the survey requested by the City Council on the Roanoke Access. You will note. that there is a change in the numbering of the individual dock sites. This is due to survey crew using two bench marks noted on the current Dock Location Map. They were #42052 at the Roanoke Lane access and #41631 at the point in front of Lot 14. In order to locate the dock sites as directed by the City Council, (see the City Council minutes of January 12, 1999 and February 9, 1999), the numbering had to be adjusted. Questions should be directed to Jim Faclder, Parks Director or John Cameron, City Engineer. REMINDER: Committee of the Whole Meeting is scheduled for Tuesday, April 20, 1999, 7:30 p.m. REMINDER: HRA meeting is scheduled for Tuesday, April 13, 1999, 7:00 p.m. We have received a resignation/retirement letter from Judy Bryce, part-time Fire Department Secretary. She will be leaving at the end of April. Judy has been with us for nine years in this capacity. We will be having coffee and cake for her on Friday, April 30, 3 p.m., City Hall. Notice of SPA (Suburban Rate Authority) Quarterly Meeting, April 21, 1999, 4:30 P.M. at the Roseville Skating Center, City of Roseville Park and Recreation, 2661 Civic Center Drive, Roseville, MN. (Map Attached). MOTION made by Brown, seconded by Weycker to adjourn at 12:05 A.M. The vote was unanimously in favor. Motion carried. Edward J. 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