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.
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