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1999-11-09MINUTES - CITY COUNCIL -NOVEMBER 9, 1999 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, November 9, 1999, at 7:30 P.M., 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 City Attorney John Dean, Acting City Manager Fran Clark, City Planner Loren Gordon, and Secretary Sue McCulloch. The following interested citizens were also present: Kim Anderson, Marshall Anderson, Martin Carlsen, Jane Carlsen, Tom Casey, Wayne E. Ehlebracht, Kim Gabby, Laurel Gabby, Barb Johnson, Skip Johnson, Kevin Johansen, Peter C. Meyer, Pat Murphy, Sheila Murphy, Tom Murphy, Sandy Moen, David Osmek, . *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 7:34 P.M. and welcomed the people in attendance. The Pledge of Allegiance was recited. APPROVE AGENDA AND CONSENT AGENDA Mayor Meisel stated she would like to move Comments and Suggestions of Concerned Citizens to Item 6. Mayor Meisel stated the City Planner is delayed slightly tonight so she would like to change Item 5, to Item 4; and Item 4, to Item 5. Councilmember Brown would like to add an Item E to Information, which would include an update from the Planning Commission regarding the Comprehensive Plan. Councilmember Weycker would like to pull Item C from the Agenda. Councilmember Hanus would like to pull Item A from the Agenda. MOTION by Ahrens, seconded by Weycker, to approve the Agenda and Consent Agenda with the removal of Items A and C, the addition of an Item E to Information, and the rearrangement of the Agenda. A roll call vote was unanimously in favor. Motion carried. 5-0. CONSENT AGENDA *1.0 SET PUBLIC HEARING FOR ADOPTION OF THE COMPREHENSIVE PLAN. NOVEMBER 12, 1999 IS THE SUGGESTED DATE. MOTION. 811 MOUND CITY COUNCIL MINUTES - NOVEMBER 9, 1999 Ahrens, Weycker, unanimously. *1.1 PAYMENT OF BILLS. MOTION. Weycker, Hanus, unanimously. '1.2 APPROVE MINUTES OF OCTOBER 26, 1999, REGULAR MEETING, Councilmember Hanus stated on page 3717, paragraph 8 should read as follows: "Councilmember Hanus, Councilmember Brown, Councilmember Ahrens agreed on removing the native species language and indicated they do not want to set a precedent by restricting applicants when they are using their own money to improve city property." MOTION by Ahreus, seconded by Hanus, to approve the minutes as amended above. The vote was unanimously in favor. Motion carried. 5-0. 1.3 ORDINANCE AMENDMENT TO ALLOW A LOTTERY SYSTEM FOR THE COMMONS DOCK PROGRAM. Councilmember Weycker recommends removing the words "first time" from the title of the ordinance to include it within the ordinance in line 4, and have it read "Selection shall be made by lottery for a first time applicant in accordance..." Councilmember Ahrens stated the rifle alludes to the fact that an individual only has to apply once when, in fact, they have to apply each year. Councilmember Hanus stated the rest of code does clarify this misunderstanding of the interpretation of the code. The City Attorney suggested removing the language "first time" in the title of the code but not replacing it anywhere else within the code. The Council agreed. Councilmember Hanus suggested if the language is conflicting with the rest of the code, to have it changed again at a later date. Weycker moved and Brown seconded the following ordinance amendment as amended above: ORDINANCE//104-1999 AN ORDINANCE AMENDING SECTION 437:05 OF THE CITY CODE FOR THE ESTABLISHMENT OF A LOTTERY SYSTEM FOR THE COMMONS DOCK PROGRAM The vote was unanimously in favor. Motion carried. 812 MOUND CITY COUNCIL MINUTES - NOVEMBER 9, 1999 1.4 AGREEMENT WITH LMCC FOR LOCAL ACCESS. The Acting City Manager stated the Agreement proposes the City dedicate not only the $.84 per subscriber per month which the City receives for support of PEG access from Triax/Medicom, but also a portion of the City's franchise fees to help offset the costs associated with the operation of the studio. The consensus of the City Council was they would rather not give up any of the City's franchise fees, but they realize they need the service of the studio. The Council asked if use of the studio could be reviewed in 3 months to see if paying more was justified. The Acting City Manager will check on this. Councilmember Ahrens and Councilmember Brown agreed, there is the possibility to review the proposed Agreement within three months. At that time, the Agreement can possibly be amended. Mayor Meisel stated, and Councilmember Hanus agreed, they are against having to give up dollars, but stated the City needs to get back on tract with the taping of the meetings. Councilmember Hanus suggested having an audit system set up to verify the amount of the City's use at three-month and six-month review processes. The Acting City Manager stated other cities are getting $.50/per subscriber in PEG fees and contributing their entire franchise fee to the LMCC. The City of Mound is getting $. 84/per subscriber in PEG fees and was going to allocate all of that to LMCC for Mound's portion. The Acting City Manager stated the LMCC has estimated their costs to be $1.40 per subscriber per city to run the studio. The Council all agreed with the need to have the City Council meetings taped and aired on a local access station. MOTION by Brown, seconded by Hanus, to move the Agreement along, with a provision stating there will be a three-month review and audit. The vote was unanimously in favor. Motion carried. 5-0. 1.5 REQUF~T FROM RESIDENT FOR THE CITY COUNCIL TO DIRECT THE BUILDING INSPECTOR TO ISSUE A BUILDING PERMIT FOR THE REPLACEMENT OF A FOUNDATION AT 3018 ISLAND VIEW DRIVE. Mayor Meisel announced we would begin this case even though the City Planner has not yet arrived. The applicant will present the case. Ferner (Sldp) Johnson lives at 3018 Island View Drive. Mr. Johnson stated he is requesting a building permit on Section 350:420. He stated the City's Building Official did not agree that this section of the code applies and stated he should present his case to the City Council. 813 MOUND CITY COUNCIL MINUTES - NOVEMBER ~, 1999 Mr. Johnson stated his house was built in 1914. The house was built with ground beams and then a house was put on top. Later, an individual built almost a basement under the house. Mr. Johnson stated the foundation is in need of attention. He stated at the north side of the house the foundation is moving and there is about a four-inch space between the rim joist and the floor joist. Even though the City's Building Official stated there is no current safety issue, there eventually could be a safety issue. Mr. Johnson stated this would be a big problem in the future if it does not get fixed now. Mr. Johnson would need to move the basement out about 3 feet toward the street and 1 foot on the south side in order to have the edges of the house on the basement walls. Mr. Johnson stated he is proposing to replace the foundation. This contractor has been successful with this type of replacement several times previous to this project. Councilmember Brown agreed with Mr. Johnson because there will be a major problem down the road if this basement does not get fixed now. Councilmember Brown stated this would be good preventive maintenance and believes it falls under Section 350, subd. 2 and subd. 3. Mayor Meisel stated the purpose of this ordinance was to make life easier for residents who are trying to maintain their properties. She stated the City of Mound has an area of older homes that are in need of work. Councilmember Brown stated the applicant's house is currently nonconforming and the footprint of the house is not changing. Councilmember Weycker agreed with Councilmember Brown and restated there is no expansion of the nonconformity in the plan. Councilmember Hanus argued and stated the applicant is asking the City Council to replace a nonconforming structural portion of the home. This action does not concur with Section 350:420 of the City code. Councilmember Hanus stated allowing this applicant his permit is circumventing the variance process. Councilmember Brown stated Section 350:420, subd. 7 may possibly apply to the applicant's case. This code refers to normal maintenance to a nonconforming structure that will improve the structure and livability of the house. Councilmember Brown does not want to deny the applicant's permit. Councilmember Weycker suggested Section 350:420, subd. 9 would apply in this case. Councilmember Hanus gave a scenario if we pass this applicant's permit, what will the City Council do if an applicant would like to take off the roof of his house to make his house a three-story home. We certainly could not deny it if we approve this permit. The applicant stated he would like his permit approved according to subd. 8 and not subd. 9. 814 MOUND CITY COUNCIL MINUTES - NOVEMBER 9, 1999 Councilmember Ahrens stated the house is not going anywhere and it seems inappropriate to give a variance. She agreed with the scenario Councilmember Hanus gave earlier regarding a roof removal. Councilmember Ahrens stated this ordinance needs more "tweaking." MOTION by Brown, seconded by Weycker, to approve the permit under Section 350:420, subds. 2 and 8. Di~u~ion: The City Attorney stated subd. 2 does not seem appropriate because the house is not considered unsafe yet and the applicant admitted to this also. The City Attorney stated subd. 8 does not apply either because he reads this code to refer to multiple units. The City Attorney stated if he would permit any subdivision to apply, he would consider suM. 7. Subd. 7 refers to normal maintenance of a nonconforming structure. The City Attorney stated the scenario Councilmember Hanus referred to relating to sub& 7 concerning a roof removal would not fall under subd. 7, therefore, allowing the applicant his permit would not set a precedent in the future. The City Attorney agreed the streamlining ordinance does need more "tweaking". AMENDED MOTION by Brown, seconded by Weycker, to approve the permit under Section 350:420, subd. 2 and 7. Discussion: Councilmember Brown stated to support his amended motion is the deterioration of the present structure causing unsafe conditions. Councilmember Weycker stated she would recommend the motion to exclude subd. 2. The City Attorney stated the motion does not need to include subd. 2 to allow approval of the permit. Councilmember Ahrens recommends more "tweaking" of the ordinance before allowing a permit of this type to be approved by the City Council. AMENDED MOTION by Brown, seconded by Weycker, to approve the permit under Section 350:420, subd. 7. Motion carried. Mayor Meisel, Brown, and Weycker voting aye; Ahrens and Hanus voting nay. Councilmember Hanus stated he does not feel replacement of walls is normal maintenance under the ordinance. The City Attorney stated on a positive note the structure will remain nonconforming. He also stated to the applicant that streamlining has potential down the road which he should be kept apprised of. 815 MOUND CITY COUNCIL MINUTES- NOVEMBER 9, 1999 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. (PLEASE LIMIT THIS TO 3 MINUTF_S PER PERSON3. The following persons supported keeping the ballfields on the School District site: Peter Meyer, 5748 Sunset Road, Mound. Pat Murphy, 2044 Bellaire, Mound. Klm Anderson, 5736 Lynwood Boulevard, Mound. Laurel Gabby, a young girl who presented pictures of the ballfields, Mound. Bob Johnson, 2928 Westedge Boulevard, Mound. Linda Skorseth, 5638 Alder Road, Mound. Wayne Elhbracht, 4873 shoreline Drive, Mound. Tom Casey, 2854 Cambridge Lane. Mr. Casey asked if the City Council could inform the public tonight what the timeframe is for the legal process in terms of getting the referendum on the ballot. The Acting City Manager stated the legal time clock does not start running until the names and addresses on the petition have all been reviewed and verified. Mayor Meisel stated the City is considering having an outside individual help with the verification of the names and addresses on the petition, but there is no discretionary monies to assist with this endeavor. The Acting City Manager stated, after all names have been verified, the legal process could take anywhere from two to four months before the election would take place. The reason for this timeframe is notice needs to be given, the voting machines need to be programmed and ballots need to be printed and all other legal requirements need to b3 met. Councilmember Brown stated to double check the names and addresses on a petition is a very time-consuming process. The City Attorney stated having an election in the "dead of winter" is not always a favorable idea for the public either. Dave Osmek, 2160 Basswood Lane. Mr. Osmek asked the City Council if the ballfields were currently on the tax roll and was told they are not. Mr. Osmek stated he is already paying taxes for this property because the school has owned it for years, and now if the City of Mound purchases the property, he will have to pay taxes again on this same property. Mr. Osmek stated within six blocks there are other parks with ballfields, such as Shirley Hills and Grandview Middle School. Mr. Osmek also stated the new high school will have much better facilities than the current ballfields have to offer. Brian Johnson, 2928 Westedge Boulevard. Mr. Johnson is in support of keeping the ballfields on the School District site. Mr. Johnson stated the ballfields in question are locked on the weekends. 816 MOUND CITY COUNCIL MINUTES - NOVEMBER 9, 1999 Councilmember BroWn stated he was surprised to hear the ballfields were locked on the weekends. Marshall Anderson, 5736 Lynwood Boulevard. Mr. Anderson asked if the public could help speed along the verification process of the petition. Mr. Anderson stated he can donate a computer to assist in getting the names entered into a computer bank and have them sorted appropriately and in a timely manner. Councilmember Brown stated the City is very busy with items that the City is mandated by the state to have completed. He mentioned the Comprehensive Plan as one example. He stated the Comprehensive Plan did not get the Planning Commission approval the previous night because of all the discussion regarding the School District site. Councilmember Brown asked the public if anyone knew how many acres existed at the Babe Ruth field. Mr. Anderson will investigate this question and report back to Councilmember Brown. Mr. Osmek stated he had a solution regarding ownership of the ballfields. Mr. Osmek stated there should be a nonprofit organization that would purchase the property from the school district or the developer. At that time, an alumni organization should then be organized and funds should start being collected to pay for the ballfields. Doing this process, the City does not have to spend tax dollars and the people get the ballfields. Mayor Meisel stated to keep the public apprised of how the referendum process is progressing, there can be an update at City Council meetings for the public. INFORMATION/MISCELLANEOUS, 1. Financial Report of October 31, 1999, prepared by Gino Businaro, Finance Director. 2. Planning Commission minutes of October 25, 1999. Information from the Suburban Area Authority (SRA) regarding Metricom Agreement. Letter from Leah Weycker, Coordinator of the Westonka Healthy Community Collaborative. Memo from Greg Nybeck dated November 5, 1999, attaching the LMCD Board Attendance Record. Memo to the LMCD Board stating there will be only one meeting in November which will be November 17, 1999. Memo from Greg Nybeck dated November 4, 1999, notifying the EWM/Exotics Task Force meeting has been cancelled. 817 MOUND CITY COUNCIL MINUTES- NOVEMBER 9, 1999 o Comprehensive Plan update from the Planning Commission presented by Couneilmember Brown. Councilmember Brown stated the Planning Commission met last night for four hours with hopes of getting through the Comprehensive Plan. Councilmember Brown stated the Surface Water Management Plan was discussed by the Commissioners, but the Comprehensive Plan was not. Councilmember Brown stated there will be no recommendation from the Planning Commission tonight regarding the Comprehensive Plan. He stated the public heating was continued until November 22, 1999. Councilmember Brown recommended a special meeting but that was voted down. Councilmember Brown stated the Surface Water Management Plan states a buffer requirement of 20 feet along new development for the City of Mound. Mr. Parks who presented the Plan stated this is a real "buzz" word for the Metropolitan Council and Mr. Parks stated the Plan needs to keep this section in the Plan. Councilmember Brown stated rather than having a buffer area considered for the City of Mound, educate the people of Mound regarding non-phospherous fertilizers. The citizens of Mound could be educated through the newsletter or notes posted at local stores including the contamination that occurs from the run-off when using products that are not non-phospherous. There was other further discussion amongst councilmembers that concluded educating citizens of Mound by saying to keep all chemicals completely off the lawn to prevent contamination of the lakes. Councilmember Brown stated the Planning Commission is completely against the buffer zone. ADJOURNMENT. MOTION by Ahrens, seconded by Brown, to adjourn the meeting at 9:40 p.m. The vote was unanimously in favor. Motion carried. 5-0. Francene C. Clark, Acting City Manager Attest: Council Secretary 818 MOUND CITY COUNCIL MINUTES - NOVEMBER 9, 1999 THIS PAGE LEFT BLANK INTENTIONALLY. 819 PAYMENT BILLS DATE: NOVEMBER 9, 1999 BILLS BATCH #9103 AMOUNT $240,482.46 TOTAL BILLS $240.482.46