1999-06-08Meeting Minutes - Mound Ci!y Council. June 8, I999
MINUTES - MOUND CITY COUNCIL - JUNE 8, 1999
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular
session on Tuesday, June 8, 1999, at 7:48 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, Leah Weycker. Also in attendance were City Attorney John Dean, Acting City Manager
Fran Clark, City Engineer John Cameron, Police Chief Len Harrell, Building Official Jon
Sutherland, and Assistant City Planner Loren Gordon.
Those present from the public were: Amy Steele, Robert Wroda.
The Mayor opened the meeting and welcomed the people in attendance. She indicated
that they had come from a dosed executive session and thanked the audience for their
patience in the meeting starting late. 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 Councilmernber or Citizen so requests, in which event the item will be removed
from the Consent Agenda and considered in normal sequence.
APPROVE AGENDA AND CONSENT AGENDA
Brown asked that item B be pulled from the Consent Agenda. Hanus asked that items A and
D also be pulled.
Brown added item K to the Consent Agenda which was a letter from the Minnesota
House of Representatives regarding the Mound Masonic Lodge #320. Ahrens added
item L, a public hearing notice for the transferring the Triax Franchise to Media Com.
Clark added item M, an application for a transient merchant license for a garden market
stand on Lynwood and Commerce Boulevard in the parking lot.
MOTION by Ahrens, seconded by Hanus to approved the Regular and
Consent Agendas except items A, B and D. Motion carried 5-0.
1.0 MINUTF3 OF THE MAY 25, 1999 REGULAR MEETING.
MOTION
Ahrens, Hanus, unanimously.
1.1
RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT
COOPERATION AGREEMENT BETWEEN THE CITY OF MOUND AND
Meeting Minutes - Mound City Council - June 8, 1999
HENNEPIN COUNTY FOR PARTICIPATION IN THE URBAN HENNEPIN
COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN FY
2000-2002.
RESOLUTION NO. 99-46
RESOLUTION AUTHORIZING THE EXECUTION
OF A JOINT COOPERATION AGREEMENT
BETWEEN THE CITY OF MOUND AND
HENNEPIN COUNTY FOR PARTICIPATION IN
THE URBAN HENNEPIN COUNTY COMMLrNITY
DEVELOPMENT BLOCK GRANT PROGRAM IN
FY 2000 - 2002.
Ahrens, Hanus, unanimously.
1.2
MOTION TO INCREASE MERIT PAY INCENTIVE FROM 1% % TO 2% OF
OPERATING PROFITS FROM 1998, FOR LIQUOR STORE MANAGER,
JOEL KRUMM.
MOTION
Ahrens, Hanus, unanimously.
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MOTION PAYMENT REQUEST NUMBER 1 - AUDITOR'S ROAD STREET
IMPROVEMENT - $71,918.80.
MOTION
Ahrens, Hanus, unanimously.
1.4 RESOLUTION TO APPROVE CHANGE ORDER #1 FOR AUDITOR'S ROAD
IMPROVEMENT PROJECT. AN INCREASE OF $2M145,00 TO THE
CONTRACT.
RESOLUTION #99-47
RESOLUTION TO APPROVE CHANGE ORDER #1
FRO AUDITOR'S ROAD IMPROVEMENT
PROJECT. AN INCREASE OF $2M145,00 TO THE
CONTRACT
Ahrens, Hanus, unanimously.
1.5 MOTION TO APPROVE THE PAYMENT OF BILLS.
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ea ng M nuI¢ - ound C ty Council- .lune 8, 1999
MOTION
Ahrens, Hanus, unanimously.
1.6 RESOLUTION: CASE #97-39 TO APPROVE VARIANCE TO CONSTRUCT A
NON CONFORMING SINGLE FAMILY HOME AT 23XX DRIFTWOOD LANE, LOT
10, SKARP'S EAST LAWN. ROBERT STEELE.
RESOLUTION #99-48
RESOLUTION TO APPROVE A LOT AREA, LOT
WIDTH, AND FLOODPLAIN FILL ELEVATION
STANDARDS VARIANCES TO CONSTRUCT A NEW
SINGLE FAMILY DWELLING AT 23XX
DRIIZlWOOD LANE, LOT 10, SKARP'S EAST
LAWN, PID 13-117-24 44 0059, P & Z CASE 6'97-39
Ahrens, Hanus, unanimously.
1.7
PROCLAMATION FOR THE MOUND MASONIC LODGE//320.
PROCLAMATION PROCLAIMING SATURDAY, JUNE 19,1999, AS
MINNETONKA #271 O.E.S. DAY IN THE CITY OF
MOUND.
Ahrens, Hanus, unanimously.
1.8
MOTION TO SET PUBLIC HEARING DATE FOR TRIAX LICENSE, MEDIA
COM,
MOTION
Ahrens, Hanus, unanimously.
1.9 MOTION TO APPROVE APPLICATION FOR TRANSIENT MERCHANT
LICENSE FOR GARDEN MARKET ON THE CORNER OF LYNWOOD AND
COMMERCE BOULEVARD IN THE PARKING LQT FQR APPLICANT
CRAIG J. GILB FOR UNTIEDT'S GARDEN MARKET,
MOTIONAhrens, Hanus, unanimously.
1.10 CITY COUNCIL MINUTES FROM MAY 11, 1999.
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Meeting Minutes - Mound City Council - June 8, 1999
Hanus stated that on page 2013 of the packet, that he did not answer the question from
Weycker regarding the impact on the Roanoke area. He is not sure who she was asking,
but he did not answer.
On page 2017, paragraph 2, Hanus was referring to a hypothetical situation. Thus, strike
the following: "Hanus has a problem in that one rarer was broken and needed fixing."
Also, on page 2017, second to the last paragraph, the Mayor was referring to a hypothetical
question and the following should be struck: ``The Mayor discussed her boat house and the
issues she has with snow."
Hanus stated that wherever "Don Schervern" appeared, his last name should be "Scherven."
MOTION by Hanus, seconded by Ahrens to approve May 11, 1999 City
Council Minutes as amended. Motion carried 4-1. (Weycker voting nay.)
1.11 COMMITTEE OF THE WHOLE MEETING MINUTES, MAY 18. 1999.
On page 2023, paragraph 6, the third sentence, Itanus indicated that the Mayor was
discussing the meeting with Minnetrista. Also, the Chief of Police's name is spelled
"Harrell" not "Harnell."
MOTION by Hanus, seconded by Brown to approve May 18, 1999
Committee of the Whole Meeting Minutes as amended. Motion carried 5-
0.
1.12 CITY OF MOUND, CITY COUNCIL SPECIAL MEETING NOTICE AND
PI, IBLIC HEARING NOTICE,
This meeting is being called to conduct a public hearing on the submission and filing of an
application for a Minnesota Investment Grant from the Minnesota Department of Trade and
Economic Development. Clark stated that this was proposed to be a facility to cut and
package labels to be located in Mound. The anticipated traffic increase will be three trucks a
day through Mound. The facility will employ up to 50 people. Six are being moved in from
out of state. The other employees are anticipated to be hired locally at around $10 per hour.
ACT, Inc. is locating this facility here in conjunction with a loan/grant from the State of
Minnesota. The special meeting needs to take place prior to the end of June, so that the
application can be completed by then. At that same time, the City Council will consider
approval of an operations permit for ACT II, Inc. at 5330 Shoreline Drive.
MOTION by Ahrens, seconded by Hanus to set the Public Hearing date as
Tuesday, June 29, 1999 at 5 p.m. Motion carried 5-0.
ADD-ON TO AGENDA
Meeting Minutes - Mound City Council. June 8, I999
Ahrens asked the Mayor to asked if the issue on the Albrecht Dock needed to be added
to the agenda. She indicated she would like it to be.
MOTION by Hanus, seconded by Brown to added the Albrecht Dock issue
as agenda item number 8. Motion carried 5-0.
1.13 PUBLIC HEARING: CASE #99-22, PUBLIC HEARING TO CONSIDER FINAL
PLAT, CONDITIONAL USE PERMIT WITH VARIANCES FOR THE
LYNMORE SUBDIVISION TWIN HOME PROJECT LOCATED WITHIN THE
R-2 ZONING DISTRICT, LOTS 1-6, BLOCK 3, SHIRLEY HILLS UNIT & AT
4901 SHORELINE DRIVE, PID #13-17-24 44 0032.
Gordon indicated that this applicant has submitted a final plat for the Lynmore. The
preliminary plat was approved by Resolution//98-72 in June of 1998. Council approval of
the final plat is being sought at this time. The road and utility improvements to Norwood are
completed except for the final street surface planned after the development is completed. At
the time of the preliminary plat approval, a conditional use permit and variances were also
approved that will regulate the development and use of the property.
Staff recommends approval of the Lynmore Final Plat with the following conditions:
1. The Final Plat drawing labeled as Exhibit A is hereby incorporated into this Resolution
and all improvements shall be as shown on the plans or as modified under approval of the
City Engineer. The location of all dwelling shall be only as provided on the City's
zoning regulations, or as modified by official action of the City Council; and any
inconsistent dwelling location in the final plat shall be ignored.
2. The Homeowner's Association documents shall be prepared and submitted with the Final
Plat and incorporated into final plat resolution.
The plat shall be filed with Hennepin County within one hundred and eighty (180) days
of the City Council approving the final plat. If the plat is not filed within that time
period, it shall become null and void.
A Homeowner's Association shall be established for all lots within the subdivision and
provided prior to the Final Plat approval. All of these documents shall be reviewed and
approved by the City Attorney.
Prior to any occupancy the applicant shall secure Certificates of Occupancy from the
Building Official. Certificates of Occupancy will not be issued from homes in the
subdivision until utilities and access servicing the homes are approved by the City
Engineer, Public Works Superintendent and Building Official.
6. A revised grading and drainage plan must be submitted and approved by the City
Engineer if the grading and drainage will change from the previously approved plan.
Meeting Minutes - Mound City Council - June 8, 1999
The Developer shall be responsible for the installation of private utilities, such as
telephone, electric and natural gas services. The required utilities shall not be installed
until the boulevard or utility easements have been graded. All such utilities shall be
installed underground.
Weycker asked about the language in the covenants regarding park land on pages 2113 and
2119. The attorney indicated there wasn't a need to be concerned about this at this time.
The covenants included were a "boiler plate" model and would be modified to include the
future homeowner's of this plat.
The public hearing was opened at 8:05 p.m.
Dave Moore, one of the two owners of this property addressed the council. He indicated
that the covenants were actually from the Spring Plat. There actually would not be a
homeowner's management company, so he suggested changing this language. Thus, in items
g2 and #4 of the conditions to the resolution, the language would read:
"Covenants, Conditions and Resolution' in lieu of "The Homeowner's Association".
Hanus asked how the covenants would be enforced. Dean indicated that they would be
attached to the deed.
Mr. Moore indicated that the regulations had the intent to give the owners some freedom on
the property such as adding gardens, etc.
He also indicated that the city had waived the park fees since the lots were lots of record
prior to filing the preliminary plat.
The public heating was closed at 8:17 p.m.
MOTION by Ahrens, seconded by Brown to approve Resolution g99-~
which authorized the f'mal plat for Lynmore, Lots 1-6, Block 1, A replat
of Lots 1-6, Block 3, Shirley Hills Unit A with language changes as
indicated above to conditions 2 and 4. Motion carried 5-0.
1.14
RESOLUTION TO APPROVE PARTIAL PAYMENT REQUF~T #1 AND
CHANGE ORDER/ti IN THE AMOUNTS OF $16.483.64 AND ADD $15.488.75
RESPECTIVELY - NORWOOD LANE IMPROVEMENT PROJECT,
Cameron indicated that on page 2023 of the packet, there was a letter to Clark with the
partial payment and change order request. He indicated that the project was done except for
the sealing of the bituminous. He further indicated that on this project "anything that could
go wrong, went wrong.'
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Meeting, Minutes - Mound City Council- June 8, 1999
One the used the developer's drawings and because of the wet conditions had to add two
additional inches of material and bring in some granular material. Second, the utility
connection was 6" in diameter and they needed an eight inch. The City's records were
wrong on this item. Finally, on the south end, they lost the street when they started. They
needed to replace part of the street on Bartlett.
The project had already been assessed. A special assessment is being proposed. He
recommended that the difference be assessed 1/: to the City and the other half to the street in
front of the development.
Dean indicated that the ordinances allow for this, however, two issues need to be looked at
prior to decisions. One was the agreement between the developer and the City to see if it
precludes such payment. The second is a consideration of if the city is reaching the point
where the assessable costs to the lots are greater than the benefit to the owners. He
requested time to research and report back at a later point. The bottom line, he indicated is
that they should approve the payment of the costs and the City cover at this point.
MOTION by Ahrens, seconded by Brown to pay the bill of $16,483.64 as
submitted. Motion carried 5-0.
At this point, the Mayor returned to missed agenda item number four and asked if there were
any community members wishing to address the council. There were none.
1.15 REVIEW AND APPROVED DRAFt AGREEMENT WITH ROD PLAZA
REGARDING PEMBROKE MULTIPLE DOCK.
Weycker requested a map be presented along with this agreement. She asked where the
north property line was. It is 25 feet beyond the light pole to the south. She also indicated
that she believed that Phelps common was actually park land. Dean indicated that Phelps
Common did exist. Ahrens indicated that it is a street per the legal lot descriptions. It is a
privately dedicated street abutting the lake.
Weycker asked why they were entering into an agreement with Plaza and not the other
neighbor on the other side. Hanus stated that the dock was not going in front of his lot.
Dean indicated that the key point was item//9 in the agreement.
MOTION by Brown to accept the agreement.
The Mayor had a concern that items 1, 2 and 3 tie up the property for a long time. Hanus
stated that nothing indicated the City needed to abide by this. In fact, he stated, this has
already be watered down significantly. All they are saying is that the dock cannot go beyond
the 143 foot mark without another agreement. Mayor Meisel asked if the attorney had
reviewed the agreement. Yes, he had.
Meeting Minutes - Mound City Council - June 8, 1999
Weycker asked why this type of agreement wasn't done with all the multiple docks. Again,
Dean indicated that the key to this agreement was statement tgg. Hanus stated that there was
only one other multiple dock that did not fit within the 30 feet and that was Devon.
Weycker was concerned that if this was adopted, it could become a standard for all multiple
docks. Dean indicated this was up to the council.
Weycker was further concerned that other docks would be placed in front of Plaza's
property. I-Ianus indicated that the intention was to only restrict commons abutted docks.
Ahrens asked if they could add an item that would state there would only be one other dock
and that of the abutters further south along this property. She stated the purpose of the
multiple docks was to stop the installation of docks of non-abutters.
Hanus proposed adding the following to condition number one on page 2131:
"...and further that it will not place any additional dock locations on that portion of
Devon Commons that lies between the extended lot line south of the 143 foot mark."
Dean indicated that condition number two already states that the City agrees that it will keep
and abide by the agreement and not place any additional dock locations on that portion of
Devon Commons.
The purpose of multiple docks was to free up congestion and move people closer to the lake
access.
Dean stated that the purpose of this agreement was with the Plaza property and that other
actions were beyond the scope of this agreement. Mayor Meisel stated that any additional
docks would require Council action anyway.
Weycker recalled that when this pilot was put into place, the residents were told they could
go back to the original sites. Hanus does not remember this condition. Ahrens indicated the
pilot program was for only one season, but the City Council later acted upon that motion to
make it permanent.
MOTION by Hanus, seconded by Ahrens to adopt the agreement with the
amendment to condition number one. Motion carried 4-1 (Weycker opposed.)
1.16 ADD-ON AGENDA ITEM - ALBRECHT DOCK ADJUSTMENT
Mayor Meisel indicated that the letter given to Council members was an informational letter
to inform them that the dock that the City was purchasing from Albrecht does have some bad
racking. However, the Council's recommendation to pay Albrecht what they City would be
reimbursed still stands. Albrecht can sell this on his own should he chose and attempt to get
a higher price. However, from the City, he will get what we are reimbursed.
Meetin8 Minutes - Mound City Council - June 8, 21999
INFORMATIONAL ITEIVIS/MISCELLANFA)US
Clark covered the Committee of the Whole meeting and why the bonus amount was
raised from 1 1/2 % to 2 %. This represented the difference between what his high
salary point would be and his current salary because of the outstanding job he has
done. This is a one time bonus.
Hanus stated that he was concerned over mid year (prior to budget setting time) changes in
salary. Clark indicated this was a one time thing with tile intention of raising moral and
opening communications. Brown asked if it would set a precedence for others.
Mayor Meisel indicated this would take care of the liquor store manager, but she did
understand the mid year issue. Hanus stated that if they could expand the liquor store, this
would also benefit the manager. Mayor Meisel indicated there were other options to show
and give credit.
Clark indicated that she will process the paperwork for the 2 % bonus and communicate the
other information to others.
Other information included in packets:
Ae
Notice from Association of Metropolitan Municipalities, regarding amendments made
to the Tax Increment Financing (TIF) Act this session.
B. EDC Minutes of May 20, 1999.
C. DCAC Minutes of May 20, 1999.
Reminders of meetings on June 22, 1999 at 6 p.m., June 15, 1999 at 5 p.m., and June 29,
1999 at 5 p.m. were made. Dean also mentioned the 6 p.m. Executive session held earlier
this evening on Woodland Point negotiations.
MOTION by Brown, second by Weycker to adjourn this meeting. Motion
carried 5-0. The meeting adjourned at 9:25 p.m.
Francene C. Clark, Acting City Manager
Secretary
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