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1999-07-13Mound City Council Minutes - July 13, 1999 MINUTES - MOUND CITY COUNCIL - JULY 13, 1999 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, July 13, 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, and Leah Weycker. Also in attendance were: Acting City Manager Fran Clark., City Attorney John Dean, City Engineer John Cameron, Building Official Jon Sutherland, Assistant City Planner: Loren Gordon. The following interested citizens were also present: Planning Commission Members: Geoff Michael, Frank Weiland, Cklair Hasse, Bill Voss, and Michael Mueller. Other public present: Pauline Raye, Sharon McMenamylook, Paul Muset, Lonnie Weber, Mark E. Brewer, Harlan Dugstead, Marilyn Byrnes, June Estelle, Gail Opheen, Stacy and David Briggs, Erwin and Jill Walters, Eric Byrd, Bob Longnecker, Tamra Botldn, Dorothy and Bill Netka, Dotty G. Brien, Phyllis Jessen, Shirley Romness, Jeff Metzger, Jay Petersen, Bob and Nancy Craig, Patrick MacKenzie, Sandra Simar, Beth and Bob Anderson, Robert and Judy Hutchins, Gary Blix, and Thomas Alexander. The Mayor opened the meeting at 7:37 p.m. 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 Clark indicated that items D and E would be August 10, 1999 instead of July 27, 1999, because the Planning Commission tabled this at their last meeting. Hanus pulled Case # 99-27 for a quick correction. CONSENT AGENDA MOTION made by Weycker, seconded by Brown to approve the Consent Agenda, as amended above. The vote was 5-0 in favor. Motion carried. *1.0 APPROVE MINUTES OF JUNE 8, 1999, REGULAR MEETING. MOTION Weycker, Brown, unanimously. 502 Mound City Council Minutes - July 13, 1999 *1.1 APPROVE MINUTES OF JUNE 22, 1999, REGULAR MEETING. MOTION Weycker, Brown, unanimously. '1.2 APPROVE MINUTES OF JUNE 29, 1999, SPECIAL MEETING. MOTION Weycker, Brown, unanimously. '13 PAYMENT REQUEST #2 - MOTION - AUDITOR'S ROAD IMPROVEMENT PROJECT - KUSSKE CONSTRUCTION $80,024.49. MOTION Weycker, Brown, unanimously. '1.4 PAYMENT OF BILI~, MOTION Weycker, Brown, unanimously CASE #99-27: RESOLUTION TO APPROVE VARIANCES; FRONT YARD AND SIDE YARD SETBACKS; TO CONSTRUCT AN ATTACHED 24 X 24 GARAGE AND A 16 X 20 SCREEN PORCH AT 4873 CUMBERLAND ROAD~ BLOCK 1, LOT 24, ARDEN~ MELODY OLSEN, PID # 24-117-24 44 0021. Hanus believes the required side yard setback sh6uld be 10 feet not 6 feet and, therefore, the variance requested is 6 feet. Both Sutherland and Gordon debated this feeling it was a lot of record and should be 6 feet required setback. However, in light of Code 350.620, subd. 2C, page 49 of City Codes, Gordon acceded the point to Hanus. Hanus moved and Ahrens seconded the following resolution as amended above. RESOLUTION g99-59 RESOLUTION TO APPROVE VARIANCES; FRONT YARD AND SIDE YARD SETBACKS; TO CONSTRUCT AN ATTACHED 24 .X 24 GARAGE AND A 16 X 20 SCREEN PORCH AT 4873 CUMBERLAND ROAD; BLOCK 1, LOT 24, ARDEN; MELODY OLSEN, PID # 24-11%24 44 0021. The vote was unanimously in favor. Motion carried. 503 Mound City Council Minutes - July 15, 19~)9 1.6 1.7 ~;ET PUBLIC HEARINGS: Ae HEARIN(~ TO CONSIDER APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW FOR THE HALSTEAD PLACE PLANNED DEVELOPMENT AREA (IDA) TO CHANGE THE CURRENT USE OF AN R-1 MOBILE HOME PARK TO AN R-l, PDA AND R-3 PDA RF~ID~L DEVELOPMENT. LOCATED WIHTIN THE R-1 SINGLE FAMIIN ZONING DISTRICT. LOTS 1.2. 3. HALSTEAD HEIGHTS. PID /~r22-117-~4 43 0007. P AND X CASE //99-28. (SUGGESTED DATI~; AUGUST 10. 1999), Be HEARING TO CONSIDER APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW FOR THE HALSTEAD PLACE PRELIMINARY PLAT FOR PLANNED DEVELOPMENT AREA (PDA) FOR CONSTRUCTIQN OF A SINGLE FAMH.y ATTACHED AND DETACHED HOME DEVELOPMFAN~T LOCATED WITHIN THE R-1 SINGLE FAMILy ZONING DISTRICT. LOTS 1.2. 3.. HALSTEAD HEIGHTS. PID g22-117- 24 43 0007, P AND X CASE ~-28. (SUGGESTED DATE; AUGUST 10, 1999L MOTION by Brown, seconded by Ahrens to approve setting the public hearings for Items # 1.6, A & B with the date as Augustl0, 1999. Motion carried unanimously 5-0. PUBLIC HEARING: CASE #99-21: RESOLUTION FOR CONDITIONAL USE ERMIT~ TO ALLOW FOR UTILIZING EXISTING SPACE TO ACCOMMODATE THE WESTONKA SENIOR CENTEI~ WESTONKA HEALTHY COMMUNITY COLLABORATIVE, PROVIDE TWO ROOMS FOR THE HEAD START PROGRAM, AND BUILD A MEMORIAL GARDEN~ 2451 FMRVIEW LANE~ TRACTS A - G, INCLUSIVE, REGISTERED LAND SURVEY #739 AND THAT PART OF BLOCK 2, SHIRLEY HILLS UNIT Dj ST. JOHN'S CHURCH, PID #'S 24-117-24 12 0014 AND 24-117-24 12 0058.. Gordon presented this case to the Council prior to the public heanng discussion. He stated that there was considerable public comment regarding the parking and traffic when this appeared before the Planning Commission. He further commented regarding the definition of the Memorial Gardens as a "cemetery" per a decision from the City Attorney. Weycker stated that as an employee of the Healthy Community Collaborative, she would not be voting on this issue. However, she would like to participate in the discussion as it relates to the other items under consideration. 5O4 Mound City Council MinUtes.- July 13, 1999 Hanus asked if the parking issues on the' west side of the church had been alleviated. Brown stated that the police had changed that arrangement. Gordon stated that there are 40-50 on-site parking spaces in the lot between the school and the church. Totally, there are about 180 parking spots. Hanus pointed out that there would be alternating use of the parking with different activities. Brown also stated that the Senior Citizen busing had been rerouted off Fairview Lane. There was some disagreement among the audience present about this. The Mayor opened the public hearing at 7:45. p.m. The following persons spoke against issuing a Conditional Use Permit: Bob Longnecker of 2361 Fairview Lane Tammy Botkin of 2351 Fairview Lane Jill Walters of 2348 Fairview Lane Jeff Metzger of 2470 Fatrview Lane David Briggs of 2396 Fairview Lane Gail Opheen of 2400 Fairview Lane Eric Byrd of 2330 Fairview Lane There was discussion between,Council members and the Mayor and staff as to how,to lower the speed limit on a street. Ahrens suggested looking at it as an area where a school/children were. Mr. Longnecker asked about speed bumps (removable ones). stated she was very upset. She wants the traffic from the church tenants to use Hidden Vale. She doesn't believe a speed sign/change will help. There are ten children who live in the neighborhood. "School buses, and daycare parents bolt down Fairview as if they will die if they don't get to the school on time." She is afraid something will happen, someone will be injured or killed. She asked why ,people can't use the street behind (Hidden Vale). She stated she spoke at the Planning Commission meeting, but didn't feel that she was heard. Brown stated that after she left the Planning Commission meeting, he went over to the church and spoke with the Chief of Police. Discussion was held on using alternative routes. It was his understanding that the buses were using other routes. stated that she drove a school bus in Minnetonka and that their streets had 15 mph limits. The City Manager and Dean will look into ways to lower the speed limit. Ms. Walters indicated that from 5:00 - 6:15 p.m. this evening she sat and counted the traffic. Seventy three cars went down Fairview Lane, a street that is only I car wide when people are parking on it. 5O5 Mound City Council Minutes - ,luly 13, 1999 Ms. Walters stated that in the nine years he has lived there, the traffic issues have only increased and become worse. He commented that it shouldn't be the job of the neighborhood to make comments to the drivers, it. should be the police's job. He felt that st. John's is asking to create a whole new problem and haven't fixed the old one. He doesn't feel that changing the speed limit will change things until it is enforced. He also indicated he felt the church officials also violated the traffic laws. As for the Memorial Gardens, he is concerned that kids play in the area constantly and the temptation will be to dig up the ashes. Brown explained that the ashes will be buried in vaults underground and that a memorial plaCque would be placed over where the vault is buried. The kids will not be able to get to the vaults. It is like an underground mausoleum. stated he didn't like the idea of the memorial gardens. He also is concerned about the traffic along Fairview Lane. He has "seen squad cars pass the traffic by." Many people run the stop sign. He doesn't want to see someone killed before action is taken. He feels the police need to issue tickets aggressively. Bob Tomolka, Treasurer of St. John's Church, stated that after the Planning Commission meeting, the direction of the Senior Citizen's center traffic was changed. He stated they could sent out additional notifications to the people involved as well as to the congregation, but that the church wasn't interested in creating additional problems. The Collaborative and the Senior Citizen's Center doesn't increase the traffic since there is only one or two buses from each going back and forth each day. They are trying to be good citizens and will do what they can to help resolve the issues. stated her issues were with the Day care traffic. The noise level at all times of the day was loud. Daycare parents/buses need to monitor speed and obey the stop signs. Also, she has had people from the daycare park in her driveway or blocking it so she could not get out of her driveway. asked why Hidden Vale couldn't be the street that everyone from the church used. He sees this as the logical solution. Tammy Botkin stated that the arrow off County Road 15 for St. John's Church points right down Fairview Lane. She asked if this could be moved to direct people down Hidden Vale. The treasurer for St. John's said they had no problem, but were not sure it could be moved. They will check with the City Building Official. Phyllis Jensen of 2920 Pelican Point Court spoke in favor of the memorial gardens as a peaceful restful place for loved ones after they had died. Jeff Metzger asked if the senior center was still temporary. Dotty Netka of 2360 Commerce Boulevard spoke for the senior center stating that the plans were to build a new 506 Mound City 'Council Minutes - July '13 , 1999 building within 1-1/2 to 3 years. Bill Voss of the Planning Commission brought up the need for aggressive enforcement Of traffic laws along Fairview Lane. However, speaking from experience as a retired law enforcement officer, in those cases, quite often the. biggest offenders are people who live in the neighborhood. He suggested, however, that some funds were available with which to bring in additional help for the police outside the local force to help enforce these rules. He stated that it only took a short period of aggressive enforcement before the issues resolved themselves. Mayor Meisel dosed the public hearing at 8:20 p.m. Hanus asked the staff about the 50 foot setback requirement for cemeteries and where it came from. Gordon stated the setback was part of the Shoreland Ordinances philosophy and they (staff) were "honoring what was on the books." Hanus asked if this area was to be surveyed. Gordon stated that yes, it would be surveyed. Since the health issues of burying "bodies" wasn't involved here, the ordinances were different than a cemetery in that respect. There are no specific regulations for plattings, however, the church did have bylaws they were operating from. The City has no control over the plattings. Brown stated he would follow up on the traffic issues. Weycker agreed with Bill Voss Jthat perhaps aggressive enforcement of the traffic rules would help, but at the same time, they should look at lowering the speed limit if possible. Mayor Meisel asked that the Chief of Police look into additional funds to help with this enforcement. Weycker further suggested that the third %vhereas" also indicate that the senior center was "temporary." She also encouraged the church to send out flyers or information to the members and users of these facilities. Hanus stated that "no one wants to be the bad guy," however if people do not call the police, there is no record of an issue. He encouraged the neighborhood to use the police as needed to resolve these issues. The Mayor also asked the staff to look into moving the "arrow sign" pointing to St. John's Church to along Hidden Vale rather than Fairview Lane. Brown moved and Hanus seconded the following resolution: RESOLUTION #99-60 RESOLUTIONS GRANTING THE CONDITIONAL USE PERMITS FOR ST. JOHN'S CHURCH FOR THE WESTONKA SENIOR CITIZEN'S CENTER TEMPORARILY ~AND FOR THE WESTONKA HEALTHY COLLABORATIVE, .AND TO BUILD A 07 MEMORIAL GARDEN ON TRACTS A THROUGH G, INCLUSIVE, REGIS.TERED LAND SURVEY NO. 739 AND THAT PART OF BLOCK 2, SHIRLEY HILLS UNIT D, PID #'S 24'117-24 12 0014 AND 24-117-24 12 0058 P AND Z 99-21. Discussion Hanus stated that he had outlined four to five main issues for the City to address and asked if they should be tied to the resolution or be a new motion. Those issues were: staff review and speed limit changes along Fairview Lane; parking on the west side of the street other funding to get additibnal help for law enforcement; move the sign. Mayor Meisel asked that these not be tied to-the resolutions. Ahrens and Brown asked if Head Start caused additional traffic. This caused two additional bus routes per day. Discussion came up about "Kids Core." The Mayor cautioned that "Kids Core" was not before the Council on this item. In general there were "traffic issues to be addressed." The motion carried 4-0-1 with Weycker abstaining. Recommendations were made to staff to look into the four areas outlined by Hanus above. 1.9 PUBLIC HEARING: ORDINANCE REVISION SECTION ;350:4:Z0: REPEALING OF CITY CODE SECTION 350;420~ SUBDIVISION 9 & 10 PERTAINING TO NON-CONFORMING USES TO BE REPLACED BY NEW LANGUAGE Gordon reviewed that the Planning Commission had heard this new language in June and by a 7-2 motion denied recommending the proposed language. At the public heating held June 14, 1999, regarding the revision to the zoning code regarding streamlining, discussion was held to hold a joint meeting between the Planning Commission and the City Council. Thus, an open public heating was set for this evening to review this language and philosophy. It has been suggested that after opening the public heating, it be continued until July 27ta giving the Planning Commission time to review all aspects of the streamlining revision at their July 26~ meeting. The City Council will consider this prior to their July 27~ meeting at 6 p.m. The proposed language supports the discussion held at the June Council meeting. Discussion was held between Council Members regarding the use of the term expansion or modification of accessory structures. Dean suggested adding the language of "new 508 Mound City Council Minutes - July 13, 1999 structures" to the ordinance also. Hanus stated the issue is with the terminology '~on- conforming." He suggested the following language change: "Nonconforming principal...may be 'extended, enlarged, or modified, or added onto provided that the use of the parcel is conforming to district regulations, and provided that the expansion, enlargement, or modification, or addition meets...created." Mayor Meisel opened the public hearing at 8:45 p.m..., explaining that after comments were heard, the public hearing would be continued to July 27, 1999 at 6 p.m. Michael Mueller of 5910 Ridgew6od Road, a Planning Commission member stated that he was concerned over the language. He feels the Planning Commission has done a good job of cleaning up non-conformities over the years he has served on this board. He stated that 98% of the time, the Council approves what they recommend, but what isn't reflected is a non-conformity that exists on the property in question apart from the building permit issue that is recognized and action taken to correct it as a result of the review by the Planning Commission. Bill Voss, another Planning Commission member stated he was in favor of streamlining. He doesn't feel that the amount of non-conformities that are cleaned up isn't sufficient to be spending all the time on it that they do. He believes there are other issues that the Planning Commission could better spend their time on, such as an advisory to the downtown redevelopment currently being directed by Council. Geoff Michael, 1713 Avocet Lane, the Chair of the Planning Commission, stated he feels caught in the middle. He sees value in what the Planning Commission is doing, but yet sees opportunity to deal with other issues. He suggested that perhaps if the Planning Commission arranged their time better both could be handled. He suggested a zoning meeting once per month and a working session the other meeting. In this manner, he feels the Planning Commission could more easily accomplish both tasks without streamlining. He stated that the Planning Commission does indeed catch things that staff misses (due to staffs heavy workload). Jay Peterson, 2667 Halsted Lane stated that he feels it is in the best interest of the citizens to streamline. He does believe, however, that making the Planning Commission does have some merit versus a case being reviewed by both boards. He does see potential for some abuse in the future because of the load put upon staff and the reviewing board. He would like to continue to see review by the Planning Commission. 509 Mound Ci~j Councd MinUte~ - July 13, 1~9 The Mayor asked for a motion to continue the public hearing at 8:56 p.m. to July 27, 1999 at 6 p.m. For the benefit of the public present, Hanus discussed the history of a permit process in the City of Mound and the purpose behind the streamlining efforts. After this review, Council Members discussed who the final authority should be. Staff, Planning Commission, and City Council were all put forth. MOTION by Hanus, seconded by Brown to continue the public hearing on amending Section 350:420 of the Mound City Code until July 27, 1999 at 6 p.m. Motion carried 5-0. Hanus added that this was not meant to infer that the Planning Com~nission was not doing a good job. He feels they have value and are doing their job well. 1.10 PUBLIC HEARING: TO CONSIDER THE APPLICATION TO ASSIGN THE CITY'S CABLE TELEVISION FRANCHISE FROM TRIAX MIDWEST ASSOCIATES. L.P. TO MEDIACOM LLC. HEARING WILL FOCUS ON THE APPLICATION SUBMITTED AND THE OUALIFICATIONS OF MEDIACOM LLC, Clark read a memorandum to the City Council regarding this franchise owner change. She further stated that not all the financial information was in on the new proposed owner. The public hearing would be to hear comments only. The Mayor opened the public hearing at 9:09 p.m. Dottle O'Brien asked how the franchise owner change would impact subscribers. Clark explained that this was a different issue being considered. The subscribers should not see a difference, at least at the beginning. The Mayor stated that these were the issues the Council was exploring. ' Hanus asked if the new owner would provide additional hardware. Ahrens stated that she had a concern about increased rates. Michael Mueller asked if the subscriber would have more channels. His concern is that with new ownership comes new rules. Would the promises made to the Mound residents still hold was another concern he had. The Mayor dosed the public hearing at 9:14 p.m. MOTION by Weycker, seconded by Brown to continue the public hearing on the franchise ownership change for the local cable television to be heard and 510 Mound City. Council Minutes - Ju~ 13, 1999 1.11 considered within the next 30 days. Motion carried 50. COMMENTS AND SUGGESTIONS FROM cITIZENS PRESENT. Gary Blix of 3025 Brighten Commons asked why the neighborhood received notices from the Police Department forbidding their congregation after 10 p.m. Hanus stated his understanding of the congregation is that it cannot be noisy or cause a disturbance. Mr. Blix is concerned that his neighbor who lodged the complaint calls at anything whether it is a disturbance or not. He had a petition from the neighbors against Mr. Bruce McComb that the Police Department ignore his calls. Mr. Blix stated that if Mr. McComb sees lights after 10 p.m., he calls the police. Beth Anderson indicated that the neighborhood has been verbally threatened by Mr. McComb that no one can get together in their home or otherwise after 10 p.m. even if the windows are shut. The Mayor responded that the Police Department must respond to all calls. Pat McKenzie and Judy Hutchins also discussed the problems they are having with this letter and Uruling." They believe the neighborhood is a group of reasonable adults who are not irresponsible, want to be nice. Mr. McKenzie suggested that perhaps a mediator would help. Ms. Hutchins feels the manner of distribution was handled very poorly. Letters were dropped off at homes where only children were home. Neighbors who have never caused any harm or done anything wrong felt threatened by this action. She feels they all deserve an apology. Citizens stated they were afraid that the next time the police were called, they would get a ticket. They wanted to see the records that were filed against them. Dean suggested they could ask, but most likely that information would be considered confidential. Jay Peterson of 2667 Halsted Lane addressed the Council regarding the speed limits of the streets in his area. They are posted 30, but he feels they should be 20 mph. He discussed the conditions on these streets, in particular, Halsted Lane, that would lead him to that decision. He asked if there were ordinances that would help on this issue. Next he discussed the Auditor's Road improvements and a turn onto County Road 15. He wanted to know if it was temporary or long term. 511 Mound City Council Minut~ - July 13, 1999 Finally he offered comments on the school board and the actionS of the Council towards obtaining the property. He felt the offer from the City was too low and wanted to know if the Council had any intent of going back to the school board to try to renegotiate. The Mayor answered that her impression was that the property was offered to someone else and they were no longer in the discussion. She believes it is a binding offer. Mr. Peterson went on to discuss how he felt about the two boards (Council, School Board) and their interaction. He believes it resembles how children fight on a playground. He further discussed the school board property and the need to maintain that as open space for enjoyment of and recreation for the citizens. Discussion was held as to different visions held by different people between Mr. Peterson and the Council Members. Mr. Peterson wanted to know what the City's vision was for this property. The Mayor stated that if it was up to current zoning, she would vote for development. However, until plans are seen, she will follow the City ordinances. Brown agreed with the Mayor. He felt Mr. Peterson is mistaken about the Council's offer to the school board. It was done in good faith based on the knowledge they had. Mr. Peterson continued to offer that most of the people wanted open space for this land. The Mayor stated it was a mute point at this time since the offer made is binding. The Council members agreed with her. 1.12 DISCUSSION: COUNTY ROAD 15 REALIGNME~. Chamberlain presented information regarding the schedule for the County Road 15 realignment schedule that the Housing and Redevelopment Authority had just approved earlier this evening. The Council needs to approve two resolutions to make allow Chamberlain to move forward. These are asking the County to pull the construction of this project forward one year to accommodate Mound's redevelopment' schedule. This would require that Mound do some pre- work on the project which is the purpose of the second resolution. Monies expended in the pre- work that would have been covered by the County, will be reimbursed Should the project not be pulled up on the County's schedule, the money has already been approved and will still be there. Discussion regarding the alignment of parking was held among the Council Members and Chamberlain. Chamberlain explored three options for parking along County Road 110. In the first two options, no land is taken from property owners to accomplish the desired plan. In the third option, some land is acquired from the property owners. The owners are compensated for the land acquired. If the City/County (appropriate authority) cannot purchase the land, condemnation could be considered. Ahrens asked since the costs would be shared if the City was prepared to move forward with their portion of the costs. Chamberlain covered ways to accomplish this. 512 Mound City Council Minutes - July 13, 1999 Brown moved and Hanus seconded the following two resolutions listed below. RESOLUTION ~)9-61 RESOLUTION .REQUESTING THAT HENNEPIN COUNTY ADJUST THEIR CAPITAL IMPROVEMENT PROJECT (CIP) TIMING FOR THE REALIGNMENT OF COUNTY ROAD 15 FROM 2002 TO 2001. RESOL~ON ~)90-62 RESOLUTION REQUES~G THAT HENNEPIN COUNTY CONDUCT A PARKING STUDY FOR COUNTY ROAD 110 BETWEEN AUDITOR'S ROAD AND LYNWOOD BOULEVARD. The voted was unanimously in favor. Motion carried. 1.13 DISCUSSION: REVIEW OF CONTRACT FOR LOST LAKE GREENWAY PLAN PREPARATION. Cameron sent a letter to Clark regarding this project at the Metropolitan Council. This July 8, 1999 letter was in the packet and addresses the eligibility of this project for partial funding if bid by December 31, 1999. Mound's canal project, that consists of a pier and a boardwalk, is closely tied to this project. Cameron is asking Council to authorize staff to prepare a draft agreement and contract accepting Chamberlain as the Landscape Developer, Cameron as the Civil Engineer and the use of other consultants: Haakanson/Anderson and Erickson/Ellison for this project. Dean asked if competitive bidding was required. The answer w~s no for this portion of the project. Brown pointed out that the Robert Brown.referred to in the literature was not him and this was not a conflict of interest. MOTION by Ahrens, seconded by Weycker to prepare appropriate service contracts between the contractors/consultants listed above and the City for this project. Motion carried 5-0. 1.14 DISCUSSION; MINNETRI~TA SEWER AND WATER AGREEMENT Mayor M¢isel reported the discussion between Minnetrista and herself and Clark representing Mound. 513 Mound City Council Minutes - July 13, 1999 They have accepted our costing, but only need water services from Mound. Additionally, they want nothing in the contract regarding the compost site. Clark stated she had talked today with them regarding the compost. The approvals from both the Watershed District and MNDOT seem to be coming and operation is scheduled to begin on August 1, 1999. Mayor Meisel stated that, at this point, discussions ceased regarding providing water to WARA per Council instructions to her as a representative for Mound. Brown stated, "no compost agreement, no water." Mayor Meisel indicated concern because one Council Member had spoken to the Minnetrista council members prior to the meeting. The impression given was that the Mayor could not represent the Council's views accurately. The Mayor took offense to this. That Council Member explained the actions taken, apologized for the impression that was left, and stated that was not the original intent. The Mayor accepted the apology, but indicated she still felt offended that this member did not respect her ability to fairly represent the Council's viewpoint. At this point, any agreement for water between Minnetrista and Mound for the WARA project is a dead issue. Brown asked how this would impact the Remington project reviewed by the Planning Commission the night before in their meeting. Cameron explained that the issue was for serving these areas safety for fire. Domestic use could be served with current infrastructure. For fire purposes, the pipe is too small to even serve the residents on the end of the line today. Weycker asked what the solution was. Cameron stated a bigger pipe is necessary. The size depends upon how many people would be served off it. Cameron discussed the third plat that he was aware of in that area which would call for 20 more units. Clark expressed the opinion that it may be to Mound's benefit to approve WARA since this larger pipe would then be put in at some cost to the developer. Council Members continued to point out the issues with the compost site and the history of what has happened regarding one. Council Members were unwilling to approve any water agreement with Minnetrista without a compost contingency. Weycker pointed out that unless Mound was at the table on these projects, they would lose all input opportunity. 514 Mound City Council Minutes - Ju~y 13, 1999 Mueller suggested that staff be directed to study in general, providing services to other municipalities and the impacts of this on Mound as a whole. He is interested in a cost- benefit analysis. Cameron was confused over what Mueller wanted since he already does this when evaluating options such as this. Cameron was asked to attend the next Planning Commission meeting. Say Peterson addressed the Council regarding the roads along the border between the cities and what could be done to prevent these from being "over used" due to new construction in the area. He asked the City to look at the legal ramifications of shutting off access or making the roads cul-de-sacs. Dean explained that t~ey could be done, except for the one that is platted to go through beth cities now - Westedge. Peterson cautioned about providing water since this was the City's last "trump card." Weycker suggested the Council move on to other topics since action will not be done tonight. The Mayor will contact the developer of the Remington project. 1.15 DISCUSSION: CONFIGURATION OF PEMBROKE MULTIPLE SLIP DOCK. Todd Rask is the permit holder on this slip. Previously he has had an end slip when he was asked to give up his private dock and move onto the multiple dock. He viewed the size as 28 feet although the City saw the slip as 24 feet. By moving to an interior slip, he is unable to park his boat. A discussion was held on the "official size" of his boat, the fact that he has a new boat, the change in the way boats are measured now as opposed to earlier years and other issues. When Mr. Rask bought his boat this year he discovered that he could not park in an inside slip and have the space.he needed. Discussion was held on how big slips could/should be on a public multiple dock configuration. It was indicated that this needs to be looked at in the Use Plans and, perhaps, 24 feet should be the maximum size. After discussion on how to accommodate this boat this year and possibilities for the future, a temporary solution was found. The Mayor suggested approving the redesign for this year and addressing the ordinances for size prior to next year's assignments of slips. MOTION by Brown, seconded by Weycker to approve the current redesign (page 2558) for this year to accommodate Mr. Rask and address boat size ordinances as soon as possible. Weycker's second included addressing Mr. Watson's interest first prior to redesign. Brown accepted this amendment. 515 Mound City Council Min~es - July 13, 1999 Mr. Rask stated that he had discussed this with Plaza to see if the encroachment was a problem. Mr. Plaza indicated that it was not a problem. Clark also has spoken with Mr. Plaza and the currently used arrangement is fine with him for this year. Since this would resolve the issue for this season, Brown withdrew his motion as did Weycker. MOTION by Brown, seconded by Hanus to approve the 1999 configuration and moving Mr. Rask to the end slip with the agreement of Mr. Pia,$ for the encroachment and for review after this season. Also the ordinances addressing the size of boats at common multiples to be addressed. After discussion, an amendment was added to discuss this plan with Mr. Watson. Dean recommended that if Mr. Watson has an issue with the arrangement, then the issue needs to come back before the Council. This change was accepted by the motion makers. Further discussion was held regarding whether or not Mr. Rask could put a boat of his size on a multiple dock next year and the grandfathering of a dock space. It was felt by some that boats cannot continue to grow and be accommodated, others felt that once a person had a multiple slip, as long as they kept the same boat, it couldn't be taken away. Motion carried 4-1. Weycker was opposed. 1.16 RESOLUTION OPPOSING TAXATION WITHOUT PUBLIC CONSENT FOR A NEW BASEBALL STADIUM IN HENNEPIN COUNTY, Brown moved and Hanus seconded the following resolution: RESOLUTION ~9-63 The vote was unanimously in favor. RESOLUTION OPPOSING TAXATION WITHOUT PUBLIC CONSENT FOR A NEW BASEBALL STADIUM IN HENNEPIN COUNTY. Motion carried. INFORMATION Financial Report for June, as Pared by Gino Businaro, Finance Director. Quarterly Report from Joel Krumm, Liquor Store Manager. Latest Information from Hennepin County on Their Tobacco Ordinance. 516 Mound C#y Council Min~utes - July 13, 1999 De E. F. G. L.M.C.D. mailings. Letter from Bruce Chamberlain regarding Dakota Rail. DCAC Minutes - June 17, 1999. Letter from NSP regarding Remote read electric and gas meters for residential and commercial customers. Suburban Rate Authority (SPA) mailing. Planning Commission draft Minutes 6/28/99. 1. Coffee and Donuts with Businesses - Thursday, July 15, 1999, 7:30 A.M. - 9:00 A.M. Mound City Hall. 2. City Regular Council Meeting - July 27, 1999 6 P.M. start time. 3. City Council Sponsored Employee Recognition Lunch - Friday July 31, 1999 11:00 A.M. - 1:00 P.M. City Hall. 4. Committee of the Whole Meeting - August 3, 1999, 7:30 P.M. 1.17 EXECUTIVE SESSION - WOODLAND POINT LmGATION MOTION made by Meisel, seconded by Hanus to move into Executive Session at 12:55 A.M. regarding the Woodland Point Litigation. The vote was 4-0 in favor, with Weycker abstaining and not participating. Motion carried. The City Council returned from Executive Session at 1:50 A.M. The Mayor explained that the City Attorney in the Woodland Point litigation was given direction during the Executive Session. MOTION made by Ahrens, seconded by Brown to adjourn at 1:55 A.M. The vote was 4 in favor, Weycker absent. Motion carried. Francene C. Clark Acting City Manager Attest: Council Secretary 517 BILLS JULY 13, 1999 Batch 9061 Batch 9062 118,246.20 188,589.34 Totals $ 306,835.54