Loading...
1999-06-22MINUTES - MOUND CITY COUNCIL - JUNE 22, 1999 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, June 22, 1999, at 7:35 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: Acting City Manager Fran Clark, City Attorney John Dean, Public Works Director John Cameron, Assistant City Planner: Loren Gordon: and the following interested citizens: Sharon McMenamamy Cook, Ken and Kirk Geadelmann, John Timber, Diane and Tom Harmon, Scot A McKenzie, Gene Abegglen, Lorrie Ham, The Laker, Amy Cuchese, Lakeshore Weekly, David Hanus, Gino Businaro, Finance Director, City of Mound. 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. APPROVE AGENDA Hanus asked to add item 8I regarding SRA Matters. Ahrens added a discussion item on Pembroke Multiple Dock (7A). She indicated that a violation exists already. MOTION made by Hanus, seconded by Brown to approve the Regular Agenda, as amended. The vote was 5-0 in favor. Motion carried. CONSENT AGENDA A. CASE 3 99-19: RESOLUTION TO APPROVE A VARIANCE; FRONT YARD, SIDE YARD SETBACK, HARDCOVER; TO CONSTRUCT A 2s° STORY DECK ABOVE EXISTING PATIO AT 1709 BAYWOOD LANE; BLOCK 4, LOT 3, REPLAT OF HARRISON SHORES, KIRK GEADELMANN, PID # 13-117-24 21 0086. ~g, SOMoTION Hanus, Brown, unanimously. a~ CASE # 99-20: RESOLUTION TO APPROVE A VARIANCE; LAKESIDE, SIDE YARD, AND HARDCOVER SETBACKS TO CONSTRUCT A SCREEN PORCH 466 OXt~'5 \ 466 CONSTRUCT A 2~ STORY DECK ABOVE EXISTING PATIO AT 1709 BAYWOOD LANE; BLOCK 4, LOT 3, REPLAT OF HARRISON SHORES, KIRK GEADELMANN, PID # 13-117-24 21 0086, P & Z CASE #99-19 Hanus, Brown, unanimously. 1.1 CASE # 99-20; RESQLUTIQN TO APPRQVE A VARIANCE; LAKF~IDE. SIDE YARD, AND HARDCOVER SETBACKS TO CONSTRUCT A SCREEN PORCH AND A 2m' STORY OVER THE PROPOSED SCREEN PORCH AT 2072 SHOREWOOD LANE BLOCK 1, LOTS 13 AND 14, SHADYWOOD POINT; STEVE HICKS, PID .# 18-117-23 31 0006, RF~OLUTION//99-52 Hanus, Brown, unanimously. RESOLUTION TO APPROVE A VARIANCE; LAKESIDE, SIDE YARD, AND HARDCOVER SETBACKS TO CONSTRUCT A SCREEN PORCH AND A 2~ STORY OVER THE PROPOSED SCREEN PORCH AT 2072 SHOREWOOD LANE BLOCK 1, LOTS 13 AND 14, SHADYWOOD POINT; STEVE HICKS, PID # 18-117-23 31 0006, P & Z CASE/P99-20 1.2 1.3 CASE # 99-23: RESOLUTION TO APPROVE A VARIANCE; LAKESIDE AND SIDE YARD SETBACKS; TO CONSTRUCT A CONFORMING LAKESIDE DECK AND SIDE YARD DECK AT 1969 LAKESHORE LANE; BLOCK 11, LOT 3, SHADYWOOD POINT; THOMAS RAMOND, PID # 18-117-23 23 0049. RESOLUTION #99-53 RESOLUTION TO APPROVE A VARIANCE; LAKESIDE AND SIDE YARD SETBACKS; TO CONSTRUCT A CONFORMING LAKESIDE DECK AND SIDE YARD DECK AT 1969 LAKESHORE LANE; BLOCK 11, LOT 3, SHADYWOOD POINT; THOMAS RAMOND, PID # 18-117-23 23 0049, P & CASE #99- 23 Hanus, Brown, unanimously. CASE # 99-24~.. RESOLUTION TO APPROVE A VARIANCE TO YARD SETBACK AND HARDCOVERi TO CONS .TRUCT A 2~ STORY ADDITION OVER EXISTING STRUCTURE AT 2040 ARBOR LANE; LOT 9, SUBDIVISION SKARP LINDQUIST RAVEN, LOT 1 AND 32, GENE AND GRETCHEN ABEGGLEN, PID # 13-117-24 41 0038. 2 RESOLUTION #99-54 RESOLUTION TO APPROVE A VARIANCE TO YARD SETBACK AND HARDCOVER; TO CONSTRUCT A 2n° STORY ADDITION OVER EXISTING STRUCTURE AT 2040 ARBOR LANE; LOT 9, SUBDIVISION SKARP LINDQUIST RAVEN, LOT 1 AND 32, GENE AND GRETCHEN ABEGGLEN, PID # 13-117-24 41 0038, P & Z CASE #99-24 Hanus, Brown, unanimously. 1.4 1.5 1.6 1.7 CASE # 99-08; RESOLUTION TO APPROVE A VARIANCE: FRONT AND $ID]~ YARD SETBACKS: TO CONSTRUCT A GARAGE WITH A 2~ ~;TORY HABITABLE SPACE AT 6049 RIDGEWQOD RQAD~ BLOCK 6, LQT~ 22 AND 23, THE HIGHLANDS~ JOHN TIMBERG, PID # 23-117-24 34 0003, RESOLUTION #99-55 RESOLUTION TO APPROVE A VARIANCE; FRONT AND SIDE YARD SETBACKS; TO CONSTRUCT A GARAGE WITH A 2~ STORY HABITABLE SPACE AT 6049 RIDGEWOOD ROAD; BLOCK 6, LOTS 22 AND 23, THE HIGHLANDS; JOHN TIMBERG, PID # 23-117-24 34 0003, P & Z CASE//99-08. MOTION Hanus, Brown, unanimously. MOTION FOR APPROVAL OF AFTER THE FACT QUASI PUBLIC FUNCTION SIGN PERMIT FOR WESTONKA HOCKEY ASSOCIATION. MOTION Hanus, Brown, unanimously. MOTION FOR APPROVAL OF PUBLIC GATHERING PERMIT FOR BASS RED MAN FISHING TOURNAMENT - WEIGH-IN ONLY AT MOUND BAY PARK - SUNDAY SEPTEMBER 19, 1999. MOTION Hanus, Brown, unanimously. MOTION TO SET THE FOLLOWING PUBLIC HEARINGS: (SUGGESTED DATE FOR BOTH: JULY 13, 1999) 1. CASE # 99-21: CONDITIONAL USE PERMIT~ TO ALLOW FOR UTILIZING EXISTING SPACE TO ACCOMMODATE THE WESTONKA SENIOR CENTER, WESTONKA HEALTHY COMMUNITY COLLABORATIVE, PROVIDE TWO ROOMS FOR THE HEAD START PROGRAM, AND BUILD A MEMORIAL GARDEN~ 2451 FAIRVIEW LAND~ TRACTS A-G INCLUSIVE, REGISTERED LAND SURVEY # 739 AND THAT PART OF BLOCK 2s SHIRLEY HILLS UNIT Dj ST. JOHN'S CHURCH, PID # 24-117-24 12 0014 AND 24-117-24 12 0058. ORDINANCE AMENDMENT TO SECTION 350:420: REPEALING OF CITY CODE SECTION 350:420, SUBDIVISION 9 AND 10 PERTAINING TO NON-CONFORMING USES TO BE REPLACED BY NEW LANGUAGE. 1.8 MOTION Hanus, Brown, unanimously. RESOLUTION REQUESTING A SlX MONTH EXTENSION OF THE JUNE 30, 1999 DUE DATE FOR REVIEW OF THE CITY OF MOUND COMPREHENSIVE PLAN FOR CONSISTENCY WITH AMENDED METROPOLITAN COUNCIL POLICY PLAN. RESOLUTION #99-56 RESOLUTION REQUESTING A SIX MONTH EXTENSION OF THE JUNE 30, 1999 DUE DATE FOR REVIEW OF THE CITY OF MOUND COMPREHENSIVE PLAN FOR CONSISTENCYWlTH AMENDED METROPOLITAN COUNCIL POLICY PLAN. Hanus, Brown, unanimously. 1.9 MOTION CALLING FOR A PUBLIC HEARING BY THE CITY OF MOUND ON THE PROPOSED ADOPTION OF THE MODIFICATION TO THE DEVELOPMENT PROGRAM FOR TOWN SQUARE DEVELOPMENT DISTRICT AND THE PROPOSED ESTABLISHMENT OF (TIF) TAX INCREMENT FINANCING DISTRICT NO. 1-2 THEREIN AND THE PROPOSED TAX INCREMENT FINANCING PLAN THEREFOR. SUGGESTED DATE: AUGUST 24, 1999. Hanus, Brown, unanimously, Mayor Meisel abstained. Motion carried. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. Scot McKenzie, 5251 Bartlett Boulevard, stated that he wanted some satisfaction from the Police regarding complaints he has made regarding his personal property. Recently when his neighbor had blocked his driveway, his wife asked them to move the car. They called the police and subsequently, he believes he was blamed for the incident. "They don't listen to us regarding the easement on our property. Hennepin County has requested that nothing further be done with the driveway until they made a judgment." Mayor Meisel stated she would bring the comments to the Chief of Police's attention. She asked if Mr. McKenzie would like to speak with the Chief of Police. Brown explained the procedure when a police call is received. They respond to the call or complaint and later do the paperwork that reflects the incident. Clark asked if it was a personal issue between the neighbor and the McKenzie's. Mr. McKenzie stated that it may get there and that he had gone to court with the previous neighbor. Both Mayor Meisel and Clark indicated they would speak with the Chief of Police. 1.10 DISCUSSION: WATER AND SEWER AGREEMENT WITH MINNETRISTA - WARA PROJECT -SOUTH SHORE SAUNDERS LAKE, Cameron reported that he met with two City Council members from Minnetrista and, their building official. They have been doing research that we were not aware of such as providing their own small water system in two - three years for an additional 110 units. They are asking for a reduction in the connection fee to the Mound water system since they will not need water from Mound after a couple of years. Our connection fee included pricing for capital improvements that would be necessary if they established "permanent" connections onto our water system. The sewer is currently maintained by Mound but staff would like to turn over the maintenance to the Metropolitan Council and then we would not provide the sewer line to them. Minnetrista would like one rate for both sewer and water rather than separate rates. Mound's financial director is working on this. Mayor Meisel indicated that anticipated construction calls for 3-4 models in the Spring of 2000 and by year end, 10 homes. Over the next three years, an additional 60 units are projected. Brown asked why in his experience, did "everyone want something from us and were not willing to let us recoup our expenses." Meisel indicated that this was not the case. They were trying to justify the cost of connection to their City Council and constituents. She agrees that the cost can be confusing. She believes they should/would have looked at their well system sooner if they had anticipated additional development. Now they have decided to look into this. Cameron indicated that the sewer connection fees would be up in ,the air until a decision from the Metropolitan Council was received. He indicated that it gets complicated when the trailer homes are added into the picture. There needs to be some sort of agreement decided upon there. 5 17o Hanus asked where the composting situation was. Clark indicated they had approval contingent on approval from MnDOT and the Watershed District. Mayor Meisel indicated that she feels pretty good about those approvals. She asked for a motion to delay/table this request until the next City Council meeting and more information is received. Ahrens stated that she agreed with Hanus that the recycling center needed to be operational before Mound serviced this development with water and sewer. Mound has requested in the past for land to operate the center themselves and Minnetrista has refused. Mound residents have been paying for recycling services that they are not receiving. She is unsure how they can guarantee a private business operating the center. She feels that fees will increase since it is a private business and they had no guarantee that the business would not go away in one year and they would be "stuck" again with no services. She asked Cameron for the justification in reducing the connection fees for temporary services. He indicated the connection fees were based on projected capital improvements that would no longer be needed if the connection was temporary. Hanus asked if there was a way they could put a contingency on the water and sewer connections regarding the recycling center. Brown questioned what would happen should they not build their own facility. Cameron indicated that was covered in the agreement and that the additional fees would be recovered over a longer period of time. Brown further asked how the maintenance would be covered for the period they were connected. Cameron indicated those charges were covered in the usage fees and that the only cost would be in getting the water there and that was covered in the charges. Cameron feels the reduction in the connection fee is adjusted property and will be fine with the contingency if they do not connect. Ahrens asked what the probability of Metropolitan Council taking over the sewer line was. Cameron felt it is very unlikely. Weycker asked about the adjustments that would be needed in water pressure and if that could be changed again once Minnetrista provided their own system. Hanus indicated he was back to the original suggestion of annexing the property. Jay Peterson, 2667 Halstead Lane, indicated that he lived in the neighborhood affected by this development. He was concerned about the increase traffic impact to the west neighborhood and that the road will not support the increase. He feels the City has played its "last trump card" if we 'provide water to the north side. Mayor Meisel indicated that in connecting sewer and water to WARA, there are no guarantees to serve the north side for development. Hanus asked Dean if the City had any authority over development outside the City that is accessed through roads that run through our city. Dean indicated that streets are public property than anyone can use. When they are overused, the issue becomes a marketing one. It would be tough to put limitations on development outside the City limits. But input regarding road decisions can be made. Dean indicated they could not limit development based on the roads. As long as the road is an open one, anyone could use. The question of whether or not the road could be made into a dead end one came up. Dean indicated he was not sure if this could be done. Hanus assured Mr. Peterson that the City Council was very aware of the limitations of the roads in his area. Pete/son stated that the water may be the only "trump card." Hanus stated that approval has only been given to South Saunders Lake and that the Council had not approved North Saunders lake development. Cameron agreed indicating that they could only add so many homes to the system. Mayor Meisel indicated that Minnetfista could still put in holding tanks and have their own sewer systems. Cameron doesn't' think the lots are big enough. However, this property is within MUSA line limits and Minnetfista could reroute and add to their own system. Mr. Peterson asked if the agreement could stipulate no development would be served in the North Saunder's Lake area. The biggest issue against development is the railroad tracks. Mayor Meisel has been told once the railroad repairs one part of the tracks they have to repair all. Therefore, it is not in their benefit to improve the railroad tracks in this area. Hanus indicated that if the railroad track becomes a trail and the trestles are removed, it may not be an issue. Meisel indicated that it was hard to shut down railroads in Minnesota. Mr. Peterson asked the City Council to direct the attorney to look into dead ending or cul- de-sating the roads, in particular the west edge border intersection with Halstead Lane. They need some ability to influence the development of additional homes. Clark indicated that this road would be top in the Comprehensive Plan to improve with a more major road. The Mayor asked Dean to look into the possibility of changing the road configuration. MOTION made by Meisel, seconded by Weycker to table this discussion until July 29~. The vote was 5-0 in favor. Motion carried. 1.11 DATE FOR COOKOUT Brown indicated that "thank you" was said far to seldom and suggested that the Council give City employees a cookout over their lunch period as a way of saying thanks for their work. It could be over the lunch hour on a Friday after the July 4~h holiday and employees could participate if they chose. This way, the Council was not asking them to stay after hours. He offered to cook. Mayor Meisel indicated that she would bring potato salad. Hamburgers and brats were decided upon. The date for the cookout is July 30t~ from 11:00 to 1:00. getup will begin at 10:30. Council members were asked to be there if at all possible to help. 1.12 DATE FOR COFFEE AND ROLLS This is to set up a time for coffee and rolls and conversation between the Council and the business owners and is a followup to an earlier coffee and rolls session. It was suggested that this be after the July 13t~ HRA meeting looking at the TIF district. Time is needed to send out invitations. After much discussion, this date was set for July 15~ at 7:30 a.m. providing the EDC meeting could be pulled up to July 8*. If the EDC could not be pulled up, July 14'~ was set as an alternative date. Clark will contact the EDC. 1.13 PEMBROKE MULTIPLE DOCK Ahrens stated that one of the site holders is parking in a space not designated to him or on the approved plan. He has moved the equipment to make this site. This is encroaching on the agreement with Plaza and is making problems for the sailboat egress. Weyeker indicated that his boat was longer than it was last year and that he understood he would be receiving the same space as last year (thinking it would be an end spot). He has received the same slip, but it is no longer an end slip. Suggestions were made to move him to the Centerview site and move a person from there to Pembroke. Ahrens stated that he first had to register the correct size of his boat with the City. Per Fackler, LMCD rules do not allow boats to hang out more than 4 feet from the dock. She would like staff to figure out why this person did not raise this issue previously when the commons was discussed. Brown stated that he "either went to where he is assigned or parks at a marina." Hanus suggested that staff be given time to work the issue out. Ahrens stated that was fine, but her concern is people feeling they can just move their slips on their own. She doesn't feel the City should pay to reconfigure. Brown had some discussion regarding the scheduled "re-look" at this situation in October. The Mayor indicated this would move forward in August. INFORMATION Clark gave the City Council an update regarding the crosswalk (page 2020 in packet). It is going to cost $22,000 and the City will not pay anything. She saw a sign that caught her eye on a yellow blinking light pole. Brown asked about additional red lights to stop the traffic for pedestrians. This is a county road and thus, under their jurisdiction. e COW meetings and dates. Dean stated that this was an ordinance and if changing, the meeting needed to be given a three day notice in advance of the meeting. He suggested the COW be added as a regular meeting so notice would not be needed. MOTION made by Ahrens, seconded by Brown to cancel the July COW meeting. The vote was 5-0 in favor. Motion carried. The August COW meeting date would be set later. nus discussed his participation on the SRA Commission. He discussed the issue of buried underground NSP lines and the proposed options for recovering the cost. He asked for the council's opinion. The second issue he discussed was electric deregulation. He received direction from the Council. own asked about raising council salaries in response to the information shared in the packet regarding other cities' pay. He suggested this be looked at the next election time. A discussion ensued among council members. Discussion centered around the number of special meetings and the time commitment required from council members. It was felt that it was more than other cities. The Mayor suggested that rather than a per diem for meetings, perhaps they should look at special meetings and allowing additional salary for these. Hanus asked if the budget would be set for a certain number of meetings and once spent there would be no more meetings. Ahrens stated that maybe if it was budgeted, they would think twice about special meetings and executive sessions. MOTION made by Ahrens, seconded by Brown to adjourn. The vote was 5-0 in favor. Motion carried. The meeting was adjourned at 9:40 p.m. IE'LBL'~9~ 0906 q~2e~ 666I '~ ~unF