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1997-09-23MINUTES - MOUND CITY COUNCIL SEFFEMBER 23, 1997 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesda. Y; Septmber 23, 1997, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said CitY~ Those present were: Acting Mayor Andrea Ahrens, Councilmembers Mark Hanus, Liz Jensen and Leah Weycker. Mayor Potston was absent and excused. Also in attendance were: City Manager Edward J. Shukle, Jr., City Attorney John Dean, City Engineer John Cameron, and the follow'rog interested citizens: Tom Kelly, Linda and ScoR Mack, Rita Pederson, Carol Pomeroy; Mike Pomeroy, Tom Reese, Amy Reese, ]im Krenik, Richard Meyer, Connie Meyer, Lorrie Ham,, PaRy Guttormson, Tom Stueve, John Beise, Kristin Hage, Olen Pederson, Cathy Bailey and Don Pedersen. The Acting Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. Consent Agenda: All items listed under the Consent Agenda are considered to be routine by the Council and will be enacted by a roll call vote. There will be no separate discussion of these items unless a Councilmember or Citizen so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. 1.0 PRESENTATION OF CERTIFICATE OF RECOGNrrION TO PATFY GUTrORMSON APPROVE AGENDA. At this time items can be added to the Agenda that are not listed and/or items can be removed from the Consent Agenda and voted upon after the Consent Agenda has been approved. *1.1 CONSENT AGENDA: The following items were removed from the Consent Agenda to be taken indivdually: *B, *C.c. and *]~. The Council added the following on to the Consent Agenda: *Payment Request - Buffalo Bituminous, Sherwood Drive Improvement Project. *Set Bid Opening for Central Business District (CBD) Snow Removal - (Suggested Date: October 15, 1997. MOTION made by Jeusen, seconded by Weycker to approve the Consent Agenda as amended. The vote was unanimously in favor. Motion carried. 464 '1.2 APPROVE THE MZNUTES OF THE $~F~ 9. 1997. REGULAR M~ET~G MOTION Jensen~ Weyeker~ unanimously. '1.3 APPROVE MINWFF~ OF THE JOINT MOUND MINNETRISTA CITY COUNCILS' MEETING WITH WESTONKA SCHOOL BOARD OF S~ER 18. 1997. MOTION Jensen, Weycker, unanimously. SET PUBLIC HEARINGS: (SUGGESTED DATE FOR THE FOLLOWING PUBLIC HEARINGS:OCTOBER 14, 1997) '1.4 SPECIAL ASSESSMENT PUBLIC HEARINGS: a. DELINOUENT UTILITY BILLS UNPAID MOWING CHARGF~q UNPAID TREE REMOVAL CHARGES MOTION Jensen, Weycker, unanimously. '1.5 b. CENTRAL BUSINESS DISTRICT PARKING PROGRAM PUBLIC HEARING MOTION Jensen, Weyeker, unanimously. *1.6 SET PUBLIC HEARING: MAJOR SUBDIVISION. M. E. MUELLER. 2240 COMMF~RCE BLVD.. LOTS 4041 INCLUSIVI~,, KOEHLER'S ADDITION TO MOUND. PID 13-117-24 33 0073 & 13- 117-24 33 0041 MOTION Jensen, Weycker, unanimously. September 23, 1997- Hound City Council Minutes · 1.7 SET PUBLIC HEARING: CONDITONAL USE PERMIT. AL ~ ALMA'S SUPPER CLUB. 5201 PIPER 0RA1). LOTS 1-3. BLOCK 8. LOTS 2~23. BLOCK 9. WHIPPLE, PID g25-117-24 21 0156 MOTION Jensen, Weycker, unanimously. '1.8 SET PUBLIC HEARING: CONDITIONAL USE PERMIT. LARSO~q PRINTING. 2316 COMMERCE BLVD.. LOT 4. SOUTH 29 3/10 FT OF LOT 4, MCNAUGHT'S ADDITION TO MOUND. PID 13-117-24 33 0047 MOTION Jensen, Weycker, unanimously. '1.9 AFtER-THE-FACT PUBLIC LAND PERMIT. TOM STUEVE. 1737 CANARy RESOLUTION//97-89 RESOLUTION TO APPROVE AN AFFER-THF-FACT PUBLIC LANDS PERMIT FOR DOCK SITE #13300, WIOTA COMMON, FOR TOM STUEVE, 1737 CANARY LANE Jensen, Weycker, mmnlmously. *1.10 RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE A SATISFACTION OF MORTGAGE FOR KOENIG & SCHWERT. 2305 ~LUTION P)7-90 ~LUTION AUTHOI~IZING MAYOR AND CITY MANAGER TO EXECUTE A SATISFACTION OF MORTGAGE FOR KOENIG & SCHWERT, 2305 COMMERCE BLVD Jensen, Weycker, unanimously. 466 5epumber 23, 1997- Mound City Council Mtnut~ RESOLUTION AUTHORIZING CITY MANAGER OR FINANCE DIRECTOR TO EXECUTE AND SIGN SUB-GRANT AGREEMENTS AND AMENDMENT~ ON BEHALF OF THE CITY OF MOUNI) *1.11 (Dfis is required by FEMA (Federal Emergency Management Ac0 with regard to expenses incurred due to the July 17, 1997, storm damage.) RESOLUTION ~97-91 Jensen, Weycker, unanimously. RESOLUTION AUTHORIZING CITY MANAGER OR FINANCE DIRECTOR TO EXECUTE AND SIGN SUB-GRANT AGREEMENTS AND AMie~NDMENTS ON BEHALF OF THE CITY OF MOUND .1.12 RESOLUTION APPROVING REOU~T FOR STREET LIGHT FOR DUNDEE PARK RESOLUTION ~97-92 RESOLUTION APPROVING REQUF~T FOR STREET LIGHT FOR DUNDEE PARK Jensen, Weycker, unanhnously. '1.13 PAYMENT OF BILLS MOTION Jensen, Weycker, unanimously. The following items were pulled from the Consent Agenda and taken separately: 1.14 CASE g9'/-40: SETBACK VARIANCE FOR DECK. TOM KELLy. 17~3 GULL LANE. LOT 9. BLOCK 14. DREAMWOOD. PID 13-117-24 13 0016 Councilmemher Jensen raised a question regarding the intensity of the property and its relationship to the proposed variance for a deck. She questioned why a variance was even being considered due to this size of the property. Councilmember Hanus stated that he believed that other issues were being resolved with an approval of the variance. City Attorney John Dean was asked his opinion of the issue. He stated that the site was both unique and unusual and it may be a good idea to illustrate the lot size and hard cover issues as being unique which would he a good idea in terms of any action on this matter particularly for future reference. 467 September 23, 1997- Mound City Council Minutes Councilmember Jensen then suggested that under the fourth "Whereas" of the proposed Resolution that after the word "criteria," the following could be added: "including minimum lot size, maximum allowable hard cover and setbacks detailed in the planning report." Further language i.e., ~proposed deck is reasonable and is being placed on the side of the house to minimize some encroachment." Jensen moved and Hanus seconded the following resolution as amended above: RESOLUTION #97-93 RESOLUTION APPROVING A SETBACK VARIANCE FOR DECK, TOM KELLy, 1733 GULL LANE', LOT 9, BLOCK 14, DREAMWOOD, PID 13-117-24 13 0016, CASE g97-40 The vote was unanimously in favor. Motion carried. 1AS SET PUBLIC HEARING: SFWRWOOD DRIVE IMPROVEMENT PROJECT (SUGGESTED DATE: OCTOBER 14. 199'D City Manager Ed Shukle provided background information regarding this matter. John Cameron, City Engineer, provided some information relating to the upcoming assessment hearing to be held on October 14, 1997 regarding the Sherw~ Drive Improvement. Mr. Cameron indicated that the project came in over the proposed assessment and suggested that the City consider participating in the project to offset the increased costs from the proposed assessment. He stated that some problems occurred related to the quantities of material needed for the project due to bad softs in the area particularly in the cul de sac. Construction cost ended up about $3,000 over what the contract amount was, In addition, other costs such as legal, engineering and administrative costs ended up over what was estimated earlier. This amounted to $3,000 to $4,000 over what was anticipated. Total overruns came to $6,000 to $7,000 over what was expected. Due to this fact, Mr. Cameron asked the Council to consider allowing the City to become a participant. He showed two different options-Option A indicates no participation while Option B proposed a City participation amount of 10%. The City Council agreed to Option B. Jensen moved alld Ha/lu~ seconded the following resolution: RESOLUTION/n97-94 RESOLUTION TO DECLARE COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSRn ASSESSMENT FOR THE SHERWOOD DRIVE RECONSTRUCTION PROJECT USING OPTION B The vote was unanimously in favor. Motion carried. 468 qq~e vote was unanimously in favor. 1.16 JAMES KRENtK "AF'FER THE FACT" VARIANCE RE0_U~-qT 5240 ROAD. ORDINANCE AMENDING SECTION 4;37 OF ~ CITY CODE RELATING TO DOCKS BY ADDING SECTION 437:16. EXCEPTION.q Councilmember Jenson questioned the proposed amendment language regarding "The City Code" granting exceptions rather than the "City Council." It appears that the ordinance amendment requires city code to be changed to City Council. Hanus moved and Weycker seconded the following: ORDINANCE #89-199'/ ORDINANCE AMENDING SECTION 437 OF THE CITY CODE REPLATING TO DOCKS BY ADDING SECTION 437:16 EXCEPTIONS AS AMENDED The vote was unanimously in favor. Motion carried. 1.17 CONTINUED PUBLIC HEARING: PROPOS~.~ ADDmON TO SHH~I.Ey HHJ.~ ELEME~Y SCHOOL. WK~TO~ PUBUC SCHOOI-q. {THIS HEARING SHOULD BE CONTINUED UNTIL DECEMBER 9. 1997. DUE TO PROPOSEF~ REFERENDUM ON RENOVATION OF THE WESTONKA COMMUNITY CENTERJ City Manager Ed Shulde explained that it appears that a referendum will be scheduled for December 4, 1997 regarding the renovation of the existing Westonka Community Center and, therefore, it would make sense to continue the public hearing on the proposed addition to Shirley Hills to Tuesday, December 9, 1997. MOTION by Hanus, seconded by Jensen to continue the public hearing to December 9, 1997. The vote was unanimously in favor. Motion carried. 1.18 PUBLIC HEARING~- REVIEW OF CONDITIONAL USE PERMIT. MEYER'$ MOUND SERVICE. 2610 COMMERCE BLVD. LOTS 1-3. & ~ 49. BLOCK 9. PID 23-117-24 14 0043 & 0050 Loren Gordon, Assistant City Planner presented the staff report on this matter. Gordon explained that this Conditional Use Permit is before the Council due to the fact that it stated in the permit that a review of the permit would take place one year after its issuance. Gordon explained the issues of the permit tba_.t were not being followed. He stated that the Planning 1997- Mou~l Cit~ ~ouncil Minutes Councilmember Hanus stated that he believed that items fi5 and #6 appeared to be duplicated in the proposed resolution. Councilmember Jensen suggested that items #3 and #4 of the resolution were unnecessary. Acting Mayor Ahrens opened the public hearing. She asked if anyone wished to be heard in favor or against the proposed permit. Tom Reese, 5641 Bartlett Blvd., was concerned about the timing on the improvements that need. to be made and that are proposed in the permit. He emphasized that the owner needs to be held to a date certain regarding these improvements. Dick Meyer, Meyer's Service, stated that he is trying to make his property better. He listed various reasons why the improvements proposed haven't been completed. Meyer said he is trying his best. He is concerned about the parking restriction that is in the permit. He said there are issues beyond his control in this regard. Connie Meyer, Meyer's Service, explained why cars are being parked on the Bartlett Blvd. side of the property. She stated that parking is needed in front of the building. She gave examples of other properties in Mound that are able to park in front of their buildings. She also discussed the fees that were paid towards the conditional use permit process. Mrs. Meyer explained that the permit should be revised to allow parking in front of the building. Councilmember Hanus explained that the parking restriction refers only to overnight parking. Tom Reese stated that the intersection at Bartlett Blvd. and Commerce Blvd. is dangerous due to the parking of vehicles. Dick Meyer commented further on the parking issue. He further defended that parking is not a problem on the Bartlett Blvd. side of the buildi~ or where the gasoline pumps were formerly located. Councilmember Hanus asked about the primary problem regarding the parking problem. Dick Meyer explained that some customers will drop off vehicles late in the evening and thus they are there overnight. Hanus asked about locating signs on the property indicating no parking overnight. Meyer explained that signs are ignored. Meyer continued to state that parking should be allowed on his property and should not be restricted. Councilmember Jensen was concerned about the number of vehicles being parked on the property. Allowing this gives persons the idea that this area is a used car lot. She discussed other properties in Mound who do have parking restrictions and restrictions on the number of vehicles parked on the properties. Jensen moved and Hanus seconded the following resolution: 470 September ~, 1997- Mound C~y Council Minute~ ~LUTION ~LUTION TO APPROVE AN EXTENSION OF RESOLUTION 96-69, FOR k CONDITIONAL USE PERMIT TO M-IOW k MINOR AUTO RF~PAIR BUSINESS FOR MEYERS MOUND SERVICE LOCATED IN THE B-1 CENTRAL BUSINESS DISTRICT, LOTS 1, 2, 3 & Sl/2 OF 47, 48, 49, BLOCK 9, PID'S 23-11%24 14 0043 & 0050 AS The vote was unanimously in favor. Motion carried. Councilmember Hanus indicated that it is not his intention to be reviewing conditional use permits year after year on a regular basis. Once issues are cleared up, it would be his inteation to remove the annual review provision from the permit. 1.19 CASE /~)6-62: VARIANCE REOUEqT. SCOTT AND %.~NDA MACK. 4657 ISLAND VIEW DRIVE. VARIANCE FOR A DETACH~D GARAGE. LOT 15, BLOCK 1. DEVON. PI]) 30-117-23 22 008_6 Loren Gordon provided a staff report. He indicated that ScoR and Linda Mack are proposing to build a detached garage. He pointed out various issues related to the variance that were conditions to receiving variance approval. $ohn Cameron indicated that he reviewed, with the Public Works Superintendent, storm sewer issues which included thc outlet at the lake and the ca~ch basin in Island View Drive. The capability of the catch basin was discussed and the need for it to be monitored for cleaning. Cameron mentioned that there are erosion control measure~ that could be taken but there would be costs related to those measm~ and the question a~ to who would pay for these improvements. Cameron believes that the garage could be constructed and won't cause any additional problems and said the storm sewer system will likely handle most storms but if a major rainfall occurs, the catch basin and the outlet may not he able to handle the rain particularly if the system is undersized. At this point in time, he did not know the actual size of the storm sewer and cannot make a judgment on the system. There is uncertainty as to whether the storm sewer pipe is in the easement area. Councilmember Hanus asked the Planner about the new portion of deck requested and why this request has not been brought before the Phnning Commission previously. The City Attorney stated that his recom~ would be to deal with the deck which is before the City Council and that the Council not deal with the new portion of the deck as part of the action before them this evening. Hanus stated his concern regarding a fence in the easement area and the maintenance of the stormwater pipe that runs down the one side of the property. 471 September 25, 1997- Mound City Council Minute~ More discussion waS held on the possible location of the storm sewer pipe. It appears that there is not enough information to make a decision on this ,aPplication at this time. '~ Scott Mack, applicant, stated that the fence on the easement was approved and he received a permit for the fence. Hanus stated that there were two different fences, one that was remo~rable and one was more permanent. Mack stated that Ion Sutherland, BUjJ' ding Official, had 'the opinion that the new portion of the deck was allowable since the Planning CommiSsion recommended that the deck had already been approved by the Commission wi,ich said that the deck could be located 10' into the 50' setback and staying off the encroachments of the other easements. Acting Mayor Ahrens explained the City's concern regarding the easement in relationship to a garage being located on the easement and that if the City needed to dig up the storm sewer pipe, it would affect the floor of the garage since it would have to be torn up. John Cameron suggested that Mark Gronberg, surveyor for Mr. Mack, attempt to locate the storm sewer pipe and place it on the survey. Hanus expressed his concern over the storm sewer and the drainage. He wants to be comfortable with the solution regarding the diverting of the stormwater. Ahrens expressed concern regarding the hardcover calculations since it appears the hardcover is in excess of 40%. Gordon explained that the permit cannot be issued if the hardcover is more than 40%. Ahrens stated that more hardcover is going to increase the drainage issues. Hanus suggested that staff establish where the storm sewer pipe is located. He also asked that an easement be established to service that pipe. In addition, the matter should be sent back to Planning Commission regarding the storm sewer pipe, the ea._~ment and the new deck issues. Further, right of way should be investigated in the area of the catch basin to reduce the drainage problem. The Planning Commission will probably need to review the zoning ordinance and fences as it relates to this matter. MOTION rode by Hanus, seconded by Jensen to follow Mr. Hanus' suggestions so that the Planning Commission can hear the matter on October 13, 1997 and that the matter could be turned over to the City Council at the October 14, 1997 regular meeting. The vote was unanimously in favor. Motion carried. COMME~ AND SUGGESTIONS FROM CITIZENS PRF_fiENT. There were no comments and suggestions. At this point a five minute break was taken. Acting Mayor Ahrens asked the City Manager to explain the need for an Executive Session related to a condemnation action regarding the Richard Johnson property and the response to the Woodland Point Summons. 472 Councilmcmher Wcyckcr in&cat~ she would not pardcip~tc in thc W(xxfland Point Summons ~ Cmmcfl then wm]t htto cxccud~c scss~m on the, se ma~rs. EXECUTIVE SESSION: 1.20 CONDEMNATION AWARD - RICHARD JOHNSON PROPERTY (AUDITOR'S ROAD IMPROVEMI~NT PROJECT). The Council reconvened the regular meeting within a short period of time. Ed Shukle indicated that Bob Lindall, Kennedy and Graven, met with the City Council in executive session. He reviewed the outcome of the Condemnation award and recommended that the City file an appeal in District Court. The Council agreed to do so. MOTION made by Hanus, seconded by Weycker to authorize the City AttorneY to file an appeal and to report back at the next City Council meeting with any new information. The vote was unanimously in favor. Motion carried. 1.21 RESPONSE TO WOODLAND POINT SUMMONS;, Attorney John Dean indicated that a draft of a r~ was reviewed in executive session regarding the Woodland Point Summons and that suggestions were made as to modifications to the draft. Modifications would be incorporated into the draft prior to submittal on October 3, 1997 which is the date that the response was due. Upon the filing of the document, it will be made public and will be available to members of the public. 1.22 RESOLUTION SUPPORTING A REFERE~UM ON THE PROPOSED RENOVATION OF WESTONKA COMMUNITY CENTg3R Ed Shukle, City Manager presented the background on this matter. He reviewed the work of the joint committee represen~g the cities of Minnetrista and Mound and the Westonka School Board. He indicated that a preliminary design and cost estimate were develoinxi on the renovation of the existing Westonka Community Ceater. He explained that a professional survey was conducted to gauge the level of interest in the area regarding a possible referendum and he stated that a positive response resulted. He explained that the resolution before the Council was to formally accept the results of the survey as presented by Decision Resources, Inc., and to support a referendum on the proposed renovation of Westonka Community Center in conjunction with the City of Minnetrista and the Westonka School Board. In addition, the Council would he supporting a promotional and marketing campaign to educate the public on the proposed project and head towards the referendum. 473 ~eptember 23, 1997- Mound City Coutwil Minutes Jensen moved and Hanus seconded the following resolution: RESOL~ON/97-9'/ ,RF. S OLUTION ACCEPTING THF~ RES~ OF A SURVEY pFI~O7~ By DECiSiON ~UR.~CES, INC., AND SUPPORTING A RI~.lrERENDUM TO OBTAIN ~O~ ~.PPROVAL IN ~ ~T0sr, A SCHooL DISTRICT POR ~m ~-RPOS~ 0~ R~OVA~a rm~ W~s~~ co~ c~ ANO WORKINO wrm Tm~ crrY oF MINNETRISTA AND THE WESTONKA SCHOOL · OARO TO JOINTLY PROMO~ A~O MAR~T A RF. FERENDUM TO ACCOMPLI.qH sucH A PROJECT The vote was unanimously in favor. Motion carried. 1.23 DISCUSSION: 612 AREA CODE CHANGES Ed Shukle, City Manager presented the background on this item. The City Council had asked for input from the Economic Development Commission. The EDC had no input on how to respond. The City Council did not like the overlay proposal c ~urrently under review by the Minnesota Public utilities Commission. They prefer the geographical approach as opposed to the overlay approach, The City Manager will communicate the Council's diSCusmion to the Suburban Rate Authority (SRA). INFORMATION & MISCELLANEOUS A. Park & Open Space Commission Minutes of September 11, 1997. B. Planning Commission Minutes of September 8, 1997. C. Economic Development Commission Minutes of August 21, 1997. D. Financial Report for August 1997, as prepared by Gino Businaro, Finance Director. Notice of Rule B Task Force Meeting for Mayor Polston which is scheduled to Tuesday, September 23, 1997, 3:30 P.M. to 5:00 P.M. at MCWD Offices. Congressman Jim Ramstad will be holding a Town Meeting, Monday, September 22, 1997, at Mound City Hall, 7:00 P.M. to 8:00 P.M. Committee of the Whole Meeting, Tuesday, September 30, 1997, 7:30 P.M., City Hall. 474 1997 - Mou~l C~ Cou~il Minut~ Ho Notice of Meeting with State Board of Innovation & Cooperation, Monday, September 28, 1997, Shorewood City Hall, 7:00 P.M. to 9:00 P.M. I. Note regarding donation to Sorbo Park by Kathy Arbogast Letter from Toro RE: Closing of Mound facility. I have left messages with Toro ~tatives, Senator Gert Olson and Commissioner Penny Steele. I don't know if there is anything we can do, but I thought we should try to see if the State, County or City should intervene in some way. I will keep you posted. MOTION ma.de by Jensen, seconded by W~yck~r/to adjou~ at 11:45 P.M. The ~/~/~a~ J. Shuk~, ir., City Manag' ~r' Attest: City Clerk 475 BILLS --September 23, 1997 BATCH 7092 Total Bills $141,596.04 $141,596.04