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1994-09-14September 14, 1994 MINUTES - MOUND CITY COUNCIL - SEPTEMBER 14, 1994 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, September 14, 1994, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Liz Jensen, and Ken Smith. Councilmember Phyllis Jessen was absent and excused. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, City Engineer John Cameron, Building Official Jon Sutherland, Finance Director Gino Businaro, and the following interested citizens: Sarah & Philip Hofherr, Carl Glister, Rick Jorgensen, Lela & Fernando Mazoleny. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. MOTION made by Smith, seconded by Ahrens to approve the Minutes of the August 23, 1994, Regular Meeting, as submitted. The vote was unanimously in favor. Motion carried. 1.1 PROCLAMATION DECLARING SEPTEMBER 25 - OCTOBER 2, 1994, A~c CITIES WEEK IN THE CITY OF MOUND This item was brought back from the last agenda with a proposed proclamation. Johnson moved and Ahrens seconded the following: PROCLAMATION//94-118 PROCLAMATION DECLARING SEPTEMBER 25 - OCTOBER 2, 1994, AS MINNESOTA CITIES WEEK IN THE CITY OF MOUND The vote was unanimously in favor. Motion carried. 1.2 PUBLIC HEARING: REQUEST TO VACATE A PORTION OF HILLSIDE LANE, CRANE BODINE, 5025 WREN ROAD, LOTS 1, 2, & 3, BLOCK 1, PID //13-117-2 4 13 0022; AND ROLAND BOETTCHER, 1780 HILLSIDE LANE, PART OF LOT£ 5. 6 & 7, BLOCK 2, PID//13-117-24 13 0028; BOTH IN LINDEN HEIGHTE The Building Official explained the request. The Planning Commission and the Park & Open Space Commission recommended denial because the vacation would not be in the public's best 436 September 14, 1994 interest. Neither of the applicants were present. The Mayor opened the public hearing. Carl Glister, 5008 Wren Road, stated that he and his neighbors are not in favor of this vacation because they like the open space and the access to Crescent Park. The Mayor closed the public hearing. MOTION made by Smith, seconded by Jensen to deny the request to vacate a portion of Hillside Lane because it is not in the public interest. The vote was unanimously in favor. Motion carried. 1.3 SET PUBLIC HEARING TO CONSIDER ORDINANCE AMENDMENT, RE: 1.4 SHORELAND MANAGEMENT MOTION made by Ahrens, seconded by Jensen to set October 11, 1994, for a public hearing to consider an ordinance amendment to Section 350:645 of the Zoning Ordinance which relates to housekeeping items due to recent changes in the Shoreland Management Ordinance. The vote was unanimously in favor. Motion carried. ADD ON ITEM - CASE g94-62: LARRY MELSNESS, 2612 WILSHIRE BLVD., LOT 2, REARRANGEMENT OF BLOCK 7, SHIRLEY HILLS UNIT B, PID #24- 117-24 12 0009, VARIANCE REQUEST The Building Official explained the request. The Planning Commission recommended approval. Smith moved and Johnson seconded the following resolution: RESOLUTION g94-119 RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE AN EXISTING NONCONFORMING FRONT YARD SETBACK TO ALLOW CONSTRUCTION OF A CONFORMING PORCH ADDITION AT 2612 WILSHIRE BLVD., LOT 2, REARRANGEMENT OF BLOCK 7, SHIRLEY HILLS UNIT B, PID #24-117-24 12 0009, P & Z CASE #94-62 The vote was unanimously in favor. Motion carried. 437 September 14, 1994 1.5 REOUEST TO CONSTRUCT A RETAINING WALL AND FENCE ON PUBLIC DRAINAGE & UTILITY EASEMENT BY PHILIP HOFHERR, 4746 ISLAND VIEW DRIVE, LOTS I & 2, BLOCK 8, DEVON The Building Official explained that the applicants are seeking approval to install a retaining wall and fence within a city drainage and utility easement. A city water main is located within the easement. Work has started on the retaining wall and fence. This can cause a problem in the future if work has to be done on the utility and the retaining wall or fence are damaged by this work. The Building Official reported that the applicant received a permit in 1989 for retaining walls in an easement on another part of the property. This permit was an administrative decision and was not brought to the City Council for approval. The intent of staff is to change the previously unregulated policy to one of examining each case and not allowing improvements in easements that will at some point interfere with the utility or the maintenance of it. Staff has taken the position that this policy change must take place after this case because the Staff offered an alternative in the form of a Retaining Wall Maintenance Agreement. The applicants had their attorney draft an agreement which would make them responsible for the maintenance/repairs and/or replacements of the retaining wall and fence in the future if the City damaged them when working on its utilities in this easement. The Council expressed concern that this Agreement, even if recorded at the County, may not show up if the house were sold on a Contract for Deed. The City Attorney stated that it has never been a policy of the City to allow property owners to build things in a utility easement. He stated that he and the City Engineer can attest to the fact that anytime a city has to go in and do work on utilities in easements that contain personal property improvements there are problems. The Hofherrs were present and stated that the retaining wall partially built, but construction has stopped because they could not file the Retaining Wall Maintenance Agreement without the Mayor's signature. Had this discussion come up before, they would have never even started construction, but fight now they are in the middle. They stated that if the watermain were to break in the future they would move the retaining wall back to the property line. The Hofherrs agree that if there is a utility problem, they will be responsible for repalfing or replacing the improvements they have placed on the easement. The Building Official stated that the applicant had called the City and asked if he needed a permit for a retaining wall. He was told that no permit was needed if it is less than 4 feet in height. Staff is now adding that it depends on if there are easements. Mr. Hofherr then came in for a fence permit and that was when it was discovered that the retaining wall and the fence were in an easement. It was then that the previous Maintenance Agreement was discovered. The Staff was trying to accommodate the Hofherrs. In the future all fence or retaining wall 438 September 14, 1994 permits are going to be reviewed by the Public Works Superintendent for any easements that may be on the property so this does not happen again. The City Attorney summarized the dilemma. The Staff has told the applicant that now that they have built this retaining wall, the city needs to do something to protect itself from future maintenance or replacement of it. At this point the applicant incurred the cost of an attorney to prepare a maintenance agreement. Sometime after that the staff called the City Attorney and he gave them the same opinion as was given tonight that nothing should be allowed to be built on a utility easement. But the Staff had previously told the applicant differently, so the City Attorney reviewed the Agreement and made some changes and referred it back to Staff for presentation to the City Council for their review and possible approval. The Council expressed concern about future City maintenance of any improvements placed on a utility easement by residents. Johnson moved and Smith seconded the following resolution: RF_~OLUTION #94-120 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A RETAINING WALL MAINTENANCE AGREEMENT WITH PHILIP & SARAH HOFHERR, DATED AUGUST 12, 1994, LOTS 1 AND 2, BLOCK 8, DEVON, HENNEPIN COUNTY, MINNESOTA AND THAT PART OF ADJACENT, VACATED OXFORD LANE ACCRUING THERETO. The City Attorney suggested a further proviso be as follows: "That the City Staff is directed to take any and ail means necessary to keep improvements from being constructed on city right-of-way." The Council agreed. The vote was unanimously in favor. Motion carded. 1.6 REQUEST TO CONSTRUCT A RETAINING WALL ON PUBLIC DRAINAGE & UTILITY EASEMENT BY FERNANDO MAZOLENY, 4758 ISLAND VIEW DRIVE, LOTS 3, 4, & 5, BLOCK 8, DEVON The Building Official explained that before he and the Utility Superintendent could get through the previous item on the Agenda, the neighbor requested a rock retaining wall in the easement. There is a public sewer line located within the easement. The walls are less than 4 feet in height. The applicant has been notified that Staff is not recommending approval. The area can be graded to a slope to match the adjacent property and condition. It may be difficult to mow, but it is possible. Staff recommends that if this is approved a maintenance agreement be entered 439 September 14, 1994 in~ ~a, it,h II~ applicant as was done in the previous case. Ma'. ~ ~ lm,.a~nt and stated that these are not really retaining walls, they are basically ~ of fle. klata~ ~o atop erosion. The Cemneil discussed the following: Where the sewer is located and the fact chat if the sewer needed maintenance, the rock could be set aside, but the entire easement would probably need to be used. 2. The fact that the erosion needs to be addressed. This is an unusual parcel because of topography, with no place to park a vehicle except where there is a cut into the ~ill over the easement and no on street parking. ," MOTION made by Smith, seconded by Ahrens to deny the request to construct retaining walls on a public easement at 4758 Island View Drive, but authorizes the property owners to take steps to prevent erosion on the property. The vote was unanimously in favor. Motion carded. 1.7 PRESENTATION OF PROPOSED 1995 BUDGET The City Manager presented the proposed 1995 Budget, the preliminary levy and the suggested dates for the public hearings. The suggested dates are Tuesday, November 29, 1994, and Tuesday, De,ember 6, 1994. Jensen moved and Smith seconded the following resolution: RESOLUTION//94-121 RESOLUTION APPROVING THE 1995 PRELIMINARY GENERAL FUND BUDGET IN THE AMOUNT OF $2,408,340; SETTING THE PRELIMINARY LEVY AT $1,808,130; LESS THE HOMESTEAD AGRICULTURAL CREDIT (HACA) OF $499,460, RESULTING IN A PRELIMINARY CERTIFIED LEVY OF $1,308,670; APPROVING THE PRELIMINARY OVERALL BUDGET FOR 1995; AND SETTING PUBLIC HEARING DATES The vote was uaanimously in favor. Motion carded. 440 September 14, 1994 1.8 RESOLUTION CANCELLING ~YI-IE LEVY OF THE GENERAL OBLIGATION IMPROVEMENT BONDS OF 1980 IN THE AMOUNT OF $4,075,00 Smith moved and Ahrens seconded the following resolution: RESOLUTION//94-122 RESOLUTION CANCELLING THE LEVY OF THE GENERAL OBLIGATION IMPROVEMENT BONDS OF 1980 IN THE AMOUNT OF $4,075.00 The vote was unanimously in favor. Motion carried. 1.9 HRA LEVY Smith moved and Jensen seconded the following resolution: RESOLUTION//94-123 RESOLUTION APPROVING A LEVY NOT TO EXCEED $24,000 FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATIONS, PURSUANT TO THE PROVISIONS OF MSA 469, OF THE HOUSING & REDEVELOPMENT AUTHORITY OF THE CITY OF MOUND FOR THE YEAR 1995 The vote was unanimously in favor. Motion carried. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. There were none. 1.10 BID AWARD: PUBLIC WORKS STORAGE AREA CITY OF MINNETRISTA/CITY OF MOUND JOINT PROJECT FOR CONSTRUCTION OF SITE AND ACCESS ROAD RECONSTRUCTION The City Engineer reported that on September 8, four bids were received for the Site Grading and Access Road Reconstruction of the new Material Storage are in Minnetrista. They were as follows: 1. Aero Asphalt, Inc. $147,620.00 2. Busse Construction, Inc. $155,811.00 3. Imperial Developers, Inc. $140,167.00 4. Stenger Excavating $157,047.50 441 September 14, 1994 The low bidder was Imperial Developers of Bloomington with a total bid of $140,167.00. The Engineer's Estimate was $135,420.00. This project was previously bid on July 29th and the low bid then was $166,689.50. The City Engineer reported that they have checked Imperial's references and have found them to be a reputable contractor. Therefore, the recommendation is to accept Imperial Developer's bid at $140,167.00. Smith moved and Ahrens seconded the following resolution: RESOLUTION//94-124 RESOLUTION TO AWARD FOR THE SITE GRADING AND ACCESS ROAD RECONSTRUCTION OF THE NEW MATERIAL STORAGE SITE IN MINNETRISTA TO IMPERIAL DEVELOPERS, INC. IN THE AMOUNT OF $140,167.00 The vote was unanimously in favor. Motion carded. 1.11 REAPPOINTMENT OF TOM REESE TO TIlE LMCD BOARD OF DIRECTORS The City Manager stated the Mr. Reese's 3 year term on the LMCD expires October 26, 1994. He has indicated his willingness to serve another term if the Council desires. Jensen moved and Johnson seconded the following resolution: RESOLUTION//94-125 RESOLUTION TO REAPPOINT TOM REESE AS MOUND REPRESENTATIVE TO THE LMCD FOR A THREE YEAR TERM BEGINNING OCTOBER 26, 1994 The vote was unanimously in favor. Motion carried. 1.12 PELICAN POINT - EAW & EIS Smith moved and Jensen seconded the following resolution: RESOLUTION//94-126 RESOLUTION DETERMINING THAT BASED ON PUBLIC COMMENT TO THE ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW), AN ENVIRONMENTAL IMPACT STATEMENT (EIS) IS NOT WARRANTED AND NO FURTHER STUDY IS REQUIRED FOR THE PELICAN POINT MULTI- 442 September 14, 1994 FAMILY RESIDENTIAL DEVELOPMENT The vote was unanimously in favor. Motion carried. 1.13 SET PUBLIC HEARING TO CONSIDER VACATION OF A PORTION OF THE STREET KNOWN AS BAYWOOD SHORES DRIVE MOTION made by Jensen, seconded by Smith to set September 27, 1994, for a Public Hearing to consider the vacation of a portion of the street known as Baywood Shores Drive. The vote was unanimously in favor. Motion carried. 1.14 APPROVAL OF PAYMENT REQUEST //3, WATER METER READ SYSTEM, SCHLUMBERGER, IN THE AMOUNT OF $64,781.45 The City Manager reported that the City Engineer has recommended approval. MOTION made by Smith, seconded by Jensen to approve payment request//3 to Schlumberger Industries, for work completed through August 13, 1994, on the water meter read system, in the amount of $64,781.45. The vote was unanimously in favor. Motion carried. 1.15 APPROVAL OF FINAL PAYMENT REQUEST, PAINTING OF EVERGREEN WATER TOWER, ODLAND PROTECTIVE COATINGS, IN THE AMOUNT OF $6.102.50 The City Manager reported that the City Engineer has recommended approval. MOTION made by Smith, seconded by Jensen to approve the final payment from Odland Protective Coatings, for the painting of the Evergreen Water Tower, in the amount of $6,102.50. The vote was unanimously in favor. Motion carried. 1.16 PAYMENT OF BILLS MOTION made by Jensen, seconded by Smith to authorize the payment of bills as presented on the pre-list in the amount of $614,430.48, when funds are available. A roll call vote was unanimously in favor. Motion carried. 1.17 ADD-ON - COUNTY ROAD 15 The City Manager explained that Hennepin County has been working with Orono, Spring Park and Mound trying to deal with the traffic problems that occur during rush hour on County Road 15, between County Road 19 and County Road 110. He stated that the County is trying to 443 September 14, 1994 alleviate the problem in Spring Park by restriping the entire strip of County Road 15 from 19 to 110 and making 4 lanes (2 lanes each direction), except for the area in Spring Park from Interlachen to the Seton Bridge which would remain the same, 1 lane each way with a middle turn lane. The Council discussed the possible bottle neck problem where the road, going east, would narrow at the Seton Bridge to the three two lanes (one eaelt way and the center turn lane) entering Spring Park. The Council discussed having County Road 15 in Mound striped for 3 lanes (one each way and a center turn lane). They asked the City Manager to check into this with the County. INFORMATION/MISCELLANEOUS: A. Department Head Monthly Reports for August 1994. B. LMCD Representative's Monthly Report for August 1994. C. LMCD Mailings. Letter from Tim Becker, owner of property on Three Points Blvd. to Representative Steve Smith in response to Smith's letter. E. Planning Commission Minutes of August 22, 1994. Committee of the Whole Meeting, Tuesday, September 20, 19947 (NOTE: Councilmember Jessen and City Manager will be absent). Do you still want to hold the meeting? There would be two members absent, Jessen and Ahrens. Therefore, the September COW Meeting was cancelled: NOTICE of Met. Council Regional Breakfast Meetings. Please let Fran know if you wish to attend and which session. 1.18 EXECUTIVE SESSION REGARDING PENDING LITIGATION The Council went into Executive Session at 9:35 P.M. to discuss pending litigation. The Council returned from Executive Session at 10:10 P.M. The City Attorney reported that the Council discussed the following items in Executive Session: 444 September 14, 1994 A lawsuit - Dakota Rail vs. City of Mound. The Court of Appeals rendered a decision that was adverse to the City and Mr. Allen Barnard, the Attorney from Best & Flanagan representing the City, is recommending that they be authorized to pursue a Petition for Review by the Minnesota Supreme Court. The Council was advised on questions relating to this petition. They are hopeful that this can be done with a minimal amount of expense because most of the research has been done. MOTION made by Smith, seconded by Johnson authorizing the firm of Best and Flanagan to pursue a Petition for Review in the Minnesota Supreme Court in the case of Dakota Rail vs. City of Mound. The vote was unanimously in favor. Motion carried. 2. An update was given in the case of Flack vs. City of Mound. Also discussed were some of the problems and concerns relating to the Piper Institutional Government Fund. MOTION made by Smith, seconded by Ahrens to adjourn at 9:45 P.M. The vote was unanimously in favor. Motion carried. ~~o_ ~ l .~/, City Managei~ l~ward i Shukle, L ~ Attest: City Clerk 445 BILLS ---SEPTEMBER 14, 1994 BATCH 4083 BATCH 4084 TOTAL BILLS $500,582.11 113,848.37 $614,430.48