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1999-08-24MINU~S- MOUND CITY COUNCIL - AUGUST 14, 1999 MINUTES - CITY COUNCIL - AUGUST ~4~ 1999 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, August 24, 1999, at 7:30 P.M., in the Council Chambers at 5341 Maywood Road, in said City. Those present were Mayor Pat Meisel, Councilmembers: Bob Brown, Mark Hanus, Leah Weycker. Absent and excused: Councilmember Andrea Ahrens. Also in attendance were City Attorney John Dean, Acting City Manager Fran Clark, Building Official Jon Sutherland, Assistant City Planner Loren Gordon, City Engineer John Cameron, and Secretary Sue McCulloch. The following interested citizens were also present: Kevin Biegler, Karen Cole, Wayne E. Ehlebracht, Dave Griffen, Patrick Griffin, Beth Hanson, Pat Hovland, Keith Johnson, Jim Kruse, Jenifer Mader, Ed Mader, Klm Reinhart and Duane Leisinger. *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. OPEN MEETING - PLEDGE OF ALLEGIANCE The Mayor opened the meeting at 7:31 P.M. and welcomed the people in attendance. The Pledge of Allegiance was recited. APPROVE AGENDA AND CONSENT AGENDA The Acting City Manager stated she would like to remove Case g99-31 from the Consent Agenda because the applicant has submitted a letter regarding their approval. The Acting City Manager also submitted a memorandum from the City Planner supporting approval of the repeal of Resolution//91-41 in Item #*1.1 of the Consent Agenda. Councilmember Hanus stated he would like two changes made to Items 3A and 3B. Councilmember Brown stated he would like to add an Item 7A to the Agenda regarding discussion of the Storm Water Management Plan. MOTION by Brown, second by Hanus, to approve Agenda and Consent Agenda as amended above. A roll call vote was unanimously in favor. Motion carried. 4-0. 629 MOUND CITY COUNCIL MINUTES - AUGUST 24, 1999 * CONSENT AGENDA *1.0 RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 2000. RESOLUTION # 99-74 RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 2000. Brown, Hanus, unanimously. *1.1 RESOLUTION TO RESCIND RESOLUTION 91-41 WHICH APPROVED A C.U.P. FOR A LARGER GARAGE THAN WAS ALLOWED BY CODE, AT THAT TIME ON 4757 ISLAND VIEW DRIVE, SANDI & TOM EFFERTZ. CODE WAS CHANGED IN 1997. RESOLUTION # 99-75 RESOLUTION REPEALING RESOLUTION g91-41, A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE STRUCTURE, LOCATED AT 4757 ISLAND VIEW DRIVE, LOT 11, BLOCK 7, DEVON ADDITION, PID #30-117-23 22 0059. P & Z CASES g91-002. Brown, Hanus, unanimously. · 1.2 APPROVING A QUASI PUBLIC FUNCTION SIGN PERMIT FOR A PORTABLE SIGN - OUR LADY OF THE LAKE INCREDIBLE FESTIVAL. MOTION. Brown, Hanus, unanimously. '1.3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND DENYING PRELIMINARY PLAT APPROVAL, FOR A PLANNED DEVELOPMENT AREA BY CONDITIONAL USE PERMIT, LOT AND STREET DESIGN VARIANCES FOR HALSTED PLACE RESIDENTIAL DEVELOPMENT - LOTS 1, 2, 3, HALSTEAD HEIGHTS, PID #22-117-24 43 0007, P & Z CASES #99-25 & #99-28. MOUND CITY COUNCIL MINUTES - AUGUST 24~ 1999 RESOLUTION # 99-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND DENYING PRELIMINARY PLAT APPROVAL, FOR A PLANNED DEVELOP~T AREA BY CONDITIONAL USE PERMIT, LOT AREA, LOT WIDTH, YARD SPACE, HARDCOVER AND STREET DESIGN VARIANCES FOR HALSTEAD PLACE RESIDENTIAL DEVELOPMENT. Brown, Hanus, unanimously. '1.4 PAYMENT OF BILLS. MOTION. Brown, Hanus, unanimously. 1.5 APPROVAL OF COMMITTEE OF THE WHOLE MEETING MINUTES DATED AUGUST 3, 1999. Councilmember Hanus stated on Page 3100, Paragraph 6, Line 1 should be revised to read as follows: "Councilmember Hanus suggested that the City receive a proposal from Sathe & Associates. ' MOTION by Hanus, second by Mayor Meisel, to approve the Committee of the Whole Meeting Minutes dated August 3, 1999, as amended above. The vote was unanimously in favor. Motion carried. 4-0. 1.6 APPROVAL OF REGULAR COUNCIL MEETING MINUTES DATED AUGUST 10. 1999, Councilmember Hanus stated on Page 3111, Paragraph 5, Line 4 should be revised to read as follows: "Councilmember Hanus voted for Mercer as his first choice and Sathe as his second. MOTION by Hanus, second by Councilmember Weycker, to approve the Regular Council Meeting Minutes dated August 10, 1999, as amended above. The vote was unanimously in favor. Motion carried. 4-0. 1.7 CASE #99-31: RESOLUTION APPROVING A VARIANCE~ LOT WIDTH, SIDE YARD, REAR YARD AND DETACHED GARAGE FRONT YARD SETBACKS~ TO CONSTRUCT A NEW DECK AT 4921 ISLAND VIEW DRIVE~ BLOCK 14, LOT 16 AND BLOCK 21, LOT 1, DEVON~ ED AND JENNIFER MADER, PID# 25-117-24 11 0124. The City Planner stated the Planning Commission approved the applicants' request for the existing deck to be replaced with a walkway along the west side of the house. The City Planner stated that the applicants have now submitted a letter requesting that the deck be built as it exists allowing a conforming setback on the west side, a conforming lakeside setback, but a nonconforming east side setback showing as 3.6 feet. The variance being requested is 2.4 feet. The City Planner recommended approval of the applicants' deck changes and also reommended approval to allow the 3.6 setback on the east side. Councilmember Hanus stated that he is in agreement with what Staff is recommending. Councilmember Hanus wanted to make sure the deck is currently eight feet wide and will be widened to ten feet. It was indicated that this was correct. Councilmember Hanus also wanted to make sure the applicants were definitely willing to give up the walkway as previously agreed upon. The applicants were present and stated they were willing to do this. Councilmember Hanus asked if this is a single parcel with two separate lots and the City Planner stated that it is. Councilmember Hanus then asked how the City counts street frontage, does the City count it on the parcel or on the lot? The City Planner stated this can be difficult to calculate. The City Planner stated in this case to calculate street frontage the City would use the house parcel because it is the principal structure. Councilmember Hanus stated that changes to the Proposed Resolution in this case should not list the lot width, the rear yard, or the side yard (west) because they are conforming. In addition the title of the Resolution should read "Resolution Approving a Variance; Side Yard (Eas0 and Detached Garage and New Deck Located at 4921 Island View Drive, Devon, Block 14 and 21, Lot 1 and 16, PID//25-117-24 11 0124, P & Z Case//99-31. Councilmember Hanus also stated the first Whereas paragraph, Line 3, should read as follows: "a 20 foot front yard, and a 6 foot side yard setback; and," and the third Whereas paragraph, Line 1 should read as follows: "Whereas, the proposed deck would have a 3.6 feet side yard setback back.' Councilmember Weycker stated that the Now, Therefore clause also needs to be changed to read as follows: "The City does hereby approve the variance" and "The variance is approved for the following described property." Hanus moved and Brown seconded the following Resolution as amended above: RESOLUTION # 99-77 RESOLUTION APPROVING A VARIANCE; SIDE YARD (EAST) AND DETACHED GARAGE AND NEW DECK LOCATED AT 4921 ISLAND VIEW DRIVE, DEVON, BLOCK 14 AND 21, LOT 1 AND 16, PID #25-117-24 11 0124, P & Z CASE//99-31 The vote was unanimously in favor. Motion carded. 1.8 EXECUTIVE SESSION TO DISCUSS POTENTIAL LITIGATION The City Attorney explained the City Council would meet in closed executive session to discuss first the pending Woodland Point litigation and, secondly, a threatened litigation against the City of Mound on Halstead Lane. 632 MINUTES- MOUND CITY COUNCIL - AUGUSTa(it4, 1999 Councilmember Weycker did not attend the portion of the Executive Session dealing with the Woodland Point Litigation. The Council went into Executive Session at 7:46 p.m. The City Council came back from Executive Session at 9:21 p.m. City Attorney Karen Cole, stated the Woodland Point litigation was discussed in the first part of the Executive Session tonight and the Settlement Agreement for this case has been presented and discussed by all the parties and Council. Ms. Cole reiterated that this litigation was brought by parties regarding their rights to use the Waurika and Wawonaissa Commons that abut lake Minnetonka in the Woodland Point subdivision area. The parties to the lawsuit are the landowners in the Woodland Point subdivision and the City of Mound. The parties have been working on a settlement in this case for many months and the result of this has produced the proposed Settlement Agreement brought before the Council tonight. Ms. Cole stated a few features of the Settlement Agreement as follows. First, the two Commons in question would no longer be included in the City's dock program but, rather, would be considered private and the City would not have any public easement in those areas. The City would, however, have an easement in seven street ends in the Woodland Point subdivision for the purposes of installing multiple slip docks that would be available for use by nonabutters of the Woodland Point Subdivision. In addition, the City would be constructing four sets of stairs to facilitate use of the docks and Commons. The Settlement Agreement includes provisions for sharing of the cost for stairs and installing the docks. The Agreement also states how the Woodland Point residents may or may not use the commons. The Agreement is contingent on receiving approvals that would be needed from the LMCD for the construction of the docks. MOTION by Brown, second by Hanus, to add the Woodland Point Agreement to the Agenda. The vote was unanimously in favor. Motion carried. 4-0. Brown moved and Hanus seconded the following resolution: RESOLUTION #99-78 RESOLUTION TO APPROVE THE SETTLEMENT AGREEMENT AS PROPOSED IN THE WOODLAND POINT LITIGATION ATTACHED AS EXHIBIT A The vote was 3 in favor with Councilmember Weycker abstaining. Motion carried. 1.9 DISCUSSION REGARDING DRAINAGE PROBLEM ON HALSTEAD LANE. Mayor Meisel stated the second part of the Executive Session pertained to the drainage problem on Halstead Lane. The City Attorney stated that during the second part of the Executive Session the Council did receive a report from the City Engineer involving actions that may be taken against the City 633 regarding a storm drainage problem on Halstead Lane. He stated the purpose of the discussion was to formulate a mechanism for re~01ving the situation and to eliminate potential cause for future problems in this matter. He also stated that past circumstances may have caused problems or damage to a structure that will have to be dealt with separately. The City Engineer stated in the meeting there was discussion of remedial action by the City and also a long-term solution for the storm sewer problem on Halstead Lane. The City Engineer stated he put together a proposal as recommended at the Committee of the Whole Meeting, which assigns some assessment cost to all the properties in the Halstead Lane area. Also, in the meeting there was discussion of stop-gap measures that could be taken to get rid of the sink holes in the area and alleviate problems that come up in the future. The City Engineer then stated after having been given the above information, the consensus of the City Council was that the City would pay for the entire project and not assess the homeowners. The City could advertise for bids immediately. If the bids were priced too high because of the time of year when the bids are received, then there are stop-gap measures that could be taken to replace the pipe between the Biegler and Kruse property with the size pipe that is intended to go in when the project is completed. At the same time the sink holes would be filled when the pipe is put in. The City Engineer stated the City could then rebid the project next spring and have it completed then. The City Engineer stated that if bids come in favorably this Fall, then the project will be completed this Fall. The City Engineer stated he estimated this project to cost approximately $63,000 when completed. The City Attorney reiterated what the City Engineer had stated above. He mentioned there would be no special assessments against the property owners in the Halstead Lane area. He stated that last year the City adopted a storm water utility ordinance which will provide City wide rates against all properties in the City to pay for problems of this type. The City has not implemented a fee structure for that ordinance yet. He stated that the $63,000 would be spread out to all the properties in the City of Mound based on the formula in the ordinance when a fee structure is adopted. Councilmember Hanus stated the intent is to get the project done "before the snow flies." If the bids are too high, then the project will be split up resulting in the easterly portion done this year and the westerly portion completed next year. Councilmember Brown stated the City will require easements from the people in order to get the sink holes filled. The City Attorney stated that if the City is going to do the public improvement itself it will need temporary construction easements for that piece and easements would be required to fill the sink holes because these are located on private property. If the City would put in a temporary pipe then the City would need temporary easements from the property owners as well. The City Attorney stated that the documents needed in this project will simply require that the property owners acknowledge that the City is not admitting to any fault, but they are making the situation better and fixing the problems that exist. 634 MINU~S - MOUND CITY COUNCIL - A UGUST~7~4, 1999 The City Attorney stated he would like ideas from current property owners regarding what to do with the past problems on their property. Mr. Biegler stated that he and Mr. Kruse share common landscape and shrub concerns. Mr. Biegler would like to know if it is possible to have them the shrubs removed with the intent of trying to save them. Mr. Biegler stated strongly that he would like the sink holes filled this fall and stressed the concern of settling that may occur throughout the upcoming years. Mr. Biegler wanted to be assured that any further settling would be fried in as it occurs. The City Engineer stated that the City could come back and refill the sink holes if this does occur again. Mayor Meisel stated that if the shrubbery is taken out and saved, the place where it goes back needs to be in a location that is appropriate, not near where the storm sewer is to be located. The City Engineer agreed. Mr. Kruse stated he appreciates how the City has helped the Halstead residents. He stated he has seen how the City Council takes responsibility and commended the efforts of the City Council. Mr. Biegler also thanked the City Council for all their efforts. Mr. Kruse asked if it would be possible to have a walk through accomplished before actually coming in and getting rid of the trees. Ms. Hanson asked if she would be granted compensation for moving the mature trees. The City Engineer stated the City has a permanent easement between the two lots Ms. Hanson is asking about. He stated that survey work needs to be accomplished before trees are removed and the City would not want to put trees back over the pipebecause of the obvious root problems that would occur. Ms. Hovland stated she also has sink holes on her property which is Lot 12, Block 2. Ms. Hovland would like to have a survey of her property and have her sink holes fixed also. The City Engineer stated that the City would review her property also and if they do find sink holes, then the City would be willing to fill those. Mr. Kruse asked if the City would restore the easement area as it looks today. The City Engineer stated before he could answer this question he needed a survey done of the property. Mr. Kruse had a question of where the pipe would be connected and where the water would exist. The City Engineer stated there would be a swail to keep it away from the neighbor's yards. Also, the pipe that will be installed will be starting at West Edge and will then proceed down to Halstead Lane. 635 MOTION made by Hanus, seconded by Weycker to direct the City Engineer to prepare a plans and specifications for the Halstcad Lane/Westedge Blvd. storm sewer improvement. The vote was unanimously in favor. Motion carried. The property owners wanted to know what the next step would be for them to keep this project moving along. The City Attorney stated that there would be some initial investigation on the properties of Halstead Lane regarding soil testing. After that point, the City Attorney would like to have a discussion with the insurance company. 1.10 CASE g99-26, RESOLUTION TO DENY VARIANCE; GARAGE SIDE YARD & LAKESIDE SETBACK; TO CONSTRUCT AN ADDITION ONTO THE EXISTING DETACHED GARAGE WITH ATTIC SPACE ABOVE AT 5308 THREE POINTS BLVD; PART OF LOT 22, LAFAYETTE PARK, NANCY RIGELHOF, 61690, PID# 13-117-24 21 0041. The City Planner stated the Planning Commission recommended denial of the variance request. The City Planner stated that the reason for denial is that there are other locations on the property that would be more suitable for this garage. Also, he stated the setbacks would not allow much area for easements. Ms. Rigelhof was not in attendance tonight. Councilmember Brown restated that there is a lot of property where this garage could be built to make it conforming. The hardships for the applicant would be a slightly greater cost to have it built in a conforming area versus the nonconforming area. Councilmember Hanus stated that he visited the location and felt the tree in question was an older tree that would not outlive the garage. He stated the City is always willing to save trees when the need is there. Brown moved and Hanus seconded the following resolution: RESOLUTION # 99-79 RESOLUTION DENYING A PROPOSED DETACHED GARAGE LOCATED AT 5308 THREE POINTS BOULEVARD, LAFAYETTE PARK, PARK OF LOT 22, PID #13-11%24 21 0041, P & Z CASE # 99-26. The vote was unanimously in favor. Motion carded. 1.11 DISCUSSION: POSSIBLE NORWOOD LANE SUPPLEMENTAL ASSESSMENT. THE COUNCIL NEEDS TO DECIDE WHO, HOW MUCH AND IF, THE CITY IS GOING TO ASSESS THE ADDITIONAL COSTS THAT WERE INCURRED DURING THE CONSTRUCTION OF NORWOOD LANE. The City Engineer stated that the actual project cost was considerably more than was anticipated when the project was assessed in March of this year. The project is now complete except for the final bituminous wear course, which will be applied next year. 636 MINUTES- MOUND CITY COUNCIL - AUGUST.~4, 1999 The City Engineer stated he has separated out the City's share of the extra costs and arrived at an amount of $7,000 that should be added as a supplemental assessment. The developer of the plat "Lynmore" should be responsible for $3,990 of the $7,000 and the remaining $3,010 could then be assessed to the other seven lots. This would amount to an extra $430 per lot, which when added to the $4,270 already assessed results in a new figure of $4,700 per lot. The extra $430 per lot is entirely for the street portion of the project. The City Engineer also stated two of the lots were owned by an elderly lady who does qualify for a deferred assessment. There is also one lot at the present time which is combined with a house that is adjacent to it that is buildable and could be separated and assessed for the sewer and water portion. He stated the assessment hearing deferred the assessments at that time until a building permit was requested. The City Engineer again stated that the $3,900 should be assessed to the developer of Lynmore. He stated the remaining $3,000 will have to be decided by City Council if they want to go through with the publications, advertising, hearings, etc. to get that amount assessed on the remaining seven properties. The City Attorney stated that the same statute does apply when handling a supplemental assessment as the original assessment. The people being assessed with the supplemental assessment would have the right to appeal. If the decision by the City Council is to only assess the developer, the City and the developer would have to go through the process of handling a supplemental assessment as well. The developer would also be able to appeal this supplemental assessment. The City Attorney stated he does agree with the City Engineer to go through the process to have the developer pay for the supplemental assessments. Mayor Meisel asked why the developer would benefit over the individuals being assessed. The City Attorney stated that the developer has property that is currently being developed in this area, therefore, there would be an equitable argument for the developer to be assessed. Councilmember Hanus stated this property should be assessed the same way the property was assessed in its original plan. The developer agreed then to pay 51 percent and the owners would pay 49 percent. Councilmember Hanus stated we should follow along that same line. The City Engineer stated that this is how the assessments were figured out. Councilmember Hanus asked of the lots being assessed, do all of them have the potential for being subdivided into a lot. The City Engineer stated that all of the lots are subdividable. Councilmember Weycker stated that the City should go ahead with the supplemental assessment for the developer and the property owners. The Acting City Manager stated that the City would be paying minimal costs to have the hearing redone for these supplemental assessments concerning the Norwood Lane development. Hanus moved and Brown seconded the following resolution: RESOLUTION # 99-80 RESOLUTION DECLARING COST TO BE ASSESSED, AND ORDERING PREPARATION 637 OF PROPOSED SUPPLEMENTAL ASSESSMENT AND HEARING FOR THE NORWOOD LANE IMPROVEMENT PROJECT. The vote was unanimously in favor. Motion carried. 1.12 SURFACE WATER MANAGEMENT PLAN Councilmember Brown stated that the Surface Water Management Plan was discussed at the Planning Commission meeting on August 23, 1999. The consensus was to have the Planning Commission go through this document with Mr. Dan Parks page by page, line by line. When the Planning Commission completes this process, they would present their findings to the City Council. Councilmember Hanus stated he appreciates the Planning Commission agreeing to do this project, but would like it done in a timely manner so there would be enough time allowed for the Councilmembers to review the Surface Water Management Plan before the due date of December 31, 1999. Mayor Meisel stated that the Planning Commission would be allowed time up until the City Council meeting of October 11, 1999, to thoroughly go over this Plan with Mr. Parks, but at that meeting of October 11, the Councilmembers would like their findings. INFORMATION 1. EDC minutes of July 8, 1999. 2. Park & Open Space Commission minutes of August 12, 1999. 3. L.M.C.D. mailings. Notice by AMM (Association of Metropolitan Municipalities) of 1999 Metro Regional Meeting for Thursday, September 16, 1999, from 3:00 p.m. to 8:30 p.m. at the New Brighton Family Service Center. The Acting City Manager stated that if there are any interested members who would like to attend the AMM on September 16 to contact her and she will make the arrangements. Mayor Meisel stated she has lined up two interviews on September 7. The first will be with Mercer starting at 5:30 p.m. and the second will be with Sathe starting at 7:00 p.m. Mayor Meisel stated she had tried booking Oldani but they were totally booked. Mayor Meisel stated that there will be a one-half hour presentation by the interviewee to sell him/herself and then one-half hour of questions by the Councilmembers. The whole process will take one hour for each candidate. The Councilmembers will meet at 5:00 p.m. to discuss any issues before the candidates start the interviewing process. 638 MINUTES - MOUND CITY COUNCIL - AUGUST.~4, 1999 Councilmember Weycker will call the City Planner and assure him that he has the authority to check into grant money for the historical hall according to a statement by the Acting City Manager. Councilmember Weycker stated that there is a lot of grant money available but she would like to know the pitfalls. Councilmember Brown stated he had estimates from previous years totaling about $50,000 to get the hall refurbished. It appears the location of those estimates are not known. MOTION by Brown, second by Hanus to adjourn the meeting. The meeting was adjourned at 10:06 p.m. The vote was unanimously in favor. Motion carried. 4-0. Francene C. Clark, Acting City Manager Attest: Council Secretary 639 BILLS AUGUST 26, 1999 Batch 9080 239,086.01 TOTAL BILLS 239,086.01