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1997-12-16Mound City Council Minutes - December 16, 1997 MINUTES - MOUND CITY COUNCIL - DECEMBER 16, 1997 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, December 16, 1997, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz Jensen and Leah Weyeker. Also in attendance were: City Manager Edward J. Shukle, Jr., City Attorney John Dean, City Planner Loren Gordon, Building Official Jon Sutherland, and City Clerk Fran Clark and the following interested citizens: Carol Hammer, Jeff Bishop and Mark Goldberg. The 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. 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. Councilmembers Hanus and Weycker asked that Case #97-56 be removed from the Consent Agenda. Councilmembers Ahrens and Hanus asked that the resolution approving the 1998 Budget and Final Levy for 1998 be removed from the Consent Agenda. *CONSENT AGENDA MOTION mode by Hanus and seconded by Weycker to approve the Consent Agenda as amended above. A roll call vote was unanimously in favor. Motion carried. *1.0 APPROVE THE MINUTES OF THE DECEMBER 9, 1997 REGULAR MF~ETING. MOTION Hanus, Weycker, unanimously. *1.1 APPROVE THE MINUTK$ OF THE DECEMBER 11, 1997, TRUTH IN TAXATION PUBLIC HEARING. (Was handed out at the meeting). MOTION Hanus, Weycker, unanimously. 587 *1.2 Mound City Council Minutes - December 16, 1997 CASE 97-55: VARIANCE REOUE~T: FRONT YARD AND REAR YARD SETBACKS TO CONSTRUCT A C0NF0 G ADDmON, CAROL A. KRA, SNOW-tlAMMFR, 597Z l:lll~lCRg,gT ROAD, MOUND SHORE~, P1D 14-117-24 42 0070 RESOLUTION ~q-125 RESOLUTION TO APPROVE A REAR YARD SETBACK VARIANCE TO CONSTRUCT AN CONFORMING ADDITION AT 5972 HILLCREST ROAD, LOT P/30, MOUND SHORES, PID #14-117-24 42.0070, P & Z CASE//97-55 Hanus, Weycker, Hnanimously. '1.3 APPROVAL OF ORDINANCE ~9~-1997 - AME~G SECTIONS 510. 520 AND 540 OF THE CITY CODE RELATED TO ORDINANCE g93-1997 AN ORDINANCE AMENDING SECTIONS 510, 520 AND 540 OF THE CITY CODE RELATED TO FEES Hanus, Weycker, unanimously. '1.4 APPROVAL OF RF~-qOLUTION 97- RE~qOLUTION SUPPORTING MINNESOT~ DEPARTMENT OF HEALTH STUDY OF MOBH.E HOME PARK~q RESOLUTION NO. 97-126 RESOLUTION SUPPORTING MINNESOTA DEPARTME~ OF HEALTH STUDY OF MOBILE HOME PARKS Hanus, Weycker, unanimously. *1.5 APPROVAL OF RESOLUTION 97- RF-~OLUTION TO SET PRICES FOR CEMETERY LOTS IN THE MOUND UNION CEMETERY AS PROPOSED STARTING JANUARY 1~ 1998 RESOLUTION g97-127 RESOL~ON TO SET PRICES FOR CEMETERY LOTS IN THE MOUND UNION CEMETERY AS PROPOSED STARTING JANUARY 1, 1998 Hanus, Weycker, unanimously. *1.6 APPROVAL OF RKqOLUTION 97- RF-qOLUTION TO AUTHORIZE THE MAYOR AND CITY MANAGER TO EXECUTE A 3 YEAR CONTRACT WITH E-Z RECYCLING FOR WEEKLY CURBSIDE RECYCLING IN ~ CITY OF MOUND FOR THF~ YEARS 1998, 1999 AND 2000 588 Mound City Council Minutes - December 16, 1997 RESOLUTION NO. 9%128 RESOLUTION TO AUTHORIZE THE MAYOR AND CITY MANAGER TO EXECUTE A 3 YEAR CONTRACT WITH E-Z RECYCLING FOR WEEKLY CURBSIDE RECYCLING IN THE CITY OF MOUND FOR THE YEARS 1998, 1999, AND 2000 Hanus, Weycker, unanimously. '1.7 PAYMENT OF BILL~ MOTION Hanus, Weycker, Ullanlmou~ly. 1.8 APPROVAL OF R~'-$QLI, JTION 97-RF-qOLUTION APPROVING THE 1998 BUDGET AND FINAL LEVY FOR 1998. Councilmember Ahrens asked why we need to increase the General Fund balance in excess of 35 %? The City Manager explained that in his memo of November 13, 1997, where he transmitted the changes that the Council made at the Committee of the Whole Meeting on October 20th, the fund balance would be decreased from 40% to 37%. This would be a tax levy increase of 1.91%. He also stated that the 1997 tax levy was zero from 1996. Since that time, the State has instituted levy limits which allow Cities a maximum amount to levy each year. We have not suggested going to the maximum levy limits which would be about 11.4%. We felt that because we were at zero in 1997 and to keep up with inflation and to cover our expenses in terms of trying to deliver services, that a 5.5 % increase was appropriate. He also stressed that we have adequate reserves now, but over a period of time, they have to be used for cash flow because the tax settlements that the County provides to us do not happen until mid to late year. Thus, much of the fund balance is used to cover expenses for a good portion of the year. Another issue is that the Capital Improvement Fund which had previously taken care of capital outlay has been proposed to be shifted to the General Fund in 1998. This will cause a larger demand on the General Fund than in years past. There is also the issue of the estimated $200,000 in operating funds for the renovated Community Center. We will be looking at a tax increase to cover some of those costs because you cannot rely on the fund balance or the Capital Improvement Fund, or any other fund, on a regular basis. Once the Community Center is renovated, the operating expenses will be a long term commitment. When you combine all the above, it gave us reason to propose a 5.5% increase. At the Truth in Taxation hearing the Council talked about reducing the 5.5% to 3.5% which is better than reducing it to 2% or 1.91%. The Manager expressed concern that the Council could cut themselves short and need to be thinking long- term. He felt it is prudent and wise to be looking ahead beyond 1998. He encouraged the Council to increase the tax levy gradually. In reality, in 1997 Mound fell behind because we did not keep up with inflation when we were at 0%. The Mayor stated that because of the downtown redevelopment, the community center, and the pending stormwater management plan and stormwater utility that we will have to implement because of a mandate, he is suggesting a 3.5 % increase in the tax levy. He felt this was prudent. Councilmember Hanus disagreed with Mound falling behind, because the taxes were fiat but the expenditures went up approximately 6% and at the same time, the fund balance increased. 589 IJ .ii I I I ,11,, & , . I ,~ , Mound City Council Minutes - December 16, 1997 The City Manager explained that when the budget is put together you base it on what you think is going to happen and sometimes you underestimate and sometimes your overestimate your budget. Fortunately, Mound has been able to keep that in line, but catastrophe could happen at any time. We cannot bank on the League of Minnesota Cities Insurance Trust paying us a dividend of $27,000 each year. The City Manager also stated that Fund 30 will continue to decrease because a lot of money will be spent on the downtown project. He stressed looking at the long-term not just 1998. Councilmember Hanus stated he could not support a 3.5 % increase. The Council discussed their options. One of which was to decrease the proposed levy by $18,600 which would be a 1.91% increase versus the 3.5% proposed. Polston moved and Hanus seconded the following resolution decreasing the proposed levy by $18,600: RESOLUTION g97-129 RESOLUTION APPROVING THE FINAL 1998 GENERAL FUND BUDGET IN THE AMOUNT OF $2,776,950; SETTING THE LEVY AT $1,879,410; LESS THE HOI~_~;TEAD AGRICULTURAL CREDIT (I:IACA) OF $492,040, RESULTING IN A FINAL CERTIFIEn LEVY OF $1,387,370 APPROVING THE OVERALL BUDGET FOR 1998 Councilmembers Jensen and Weycker did not agree with reducing the proposed levy. The vote was 3 in favor with Jensen and Weycker voting nay. Motion carried. 1.9 CASE 97-56: VARIANCE REOUF.~T: SIDE YARD SETBACKS TO CONSTRUCT A NON- CONFORbllNG ADDITION. JEFF BISHOP. 1549 & 1551 BLUEBIRD LANE, LOT~ I~ ~ 91, BLOCK 6, WOODLAND POINT, PID 12-11%24 43 0038 & 12-11%24 43 0052 Councilmember Weycker stated her concern is that the Commons line is not delineated on the survey. The City Attorney suggested that a condition could be added as follows: Prior to the issuance of a Building Permit, the applicant will provide the Building Official with sufficient information to determine that the proposed structure does not encroach upon the Commons. The problem with the survey is that you cannot tell where the break line is between the Commons and Lot 6. Councilmember Hanus stated that most of the items he wanted are incorporated into the proposed resolution, handed out this evening. He suggested the following changes in the proposed resolution: The third Whereas in the proposed resolution read as follows: "WHEREAS, the combination of the two lots would eliminate the lot of record status with the new sideyard setback requirement being 10 feet on both sides; and~. Add: "WHEREAS, the requested setbacks on both sides are 6 feet requiting a 4 foot variance on each side". 590 Mound City Council Minutes - December 16, 1997 Under the Now, Therefore Be It Resolved 1.a. add: "The homeowner is to remove the existing home at 1551 Bluebird Lane within 6 months of issuance of the Certificate of Occupancy." Item 1.b. to read as follows: "Combination of the two lots prior to issuance of the Building Permit." Item 1.e. be deleted because a drainage plan is required in Item 1.c. The applicant did not have a problem with the changes or additions. Polston move and Ahrens seconded the following resolution with changes as noted tonight: RESOLUTION ~9'/-130 RESOLUTION TO APPROVE A SIDE YARD SETBACK VARIANCES TO CONSTRUCT A NEW HOME AT 1549 & 1551 BLUEBIRD LANE, LOTS 6 & 31, BLOCK 6, WOODLAND POINT, PID 12-117-24 43 0038 & 12-117-24 43 0052, P & Z CASE g97-56 The vote was unanimously in favor. Motion carried. COMMENTS AND SUGGESTIONS FROM (~ITIZEN$ PRI~~. There were none. 1.10. PRE$ENTATION BY MARK GOLr~BERG, CHAIR, DOCK AND COMMONS ADVISORY COMMIgSION RE: PROPOSED ENCROACH3ffENT POLICY Mark Goldberg, Chair of the Dock and Commons Advisory Commission, presented the revised Encroachment Policy. He stated this was approved unanimously by the DCAC. It has been reviewed by the Park Director, Building Official and the City Attorney. Mr. Goldberg stated that the encroaching structures they are referring to are nonconforming structures. They don't conform to current use plans. They were built prior to the ordinances disallowing them. The DCAC is not recommending that new structures be allowed. The most recent summary of encroaching structures (January 1995) indicates that there are approximately 10 buildings, 13 decks, 10 platforms, 8 fences and a small number 0ess than 10) miscellaneous structures such as bird houses and flagpoles, which would be subject to the policy recommendations. Mr. Goldberg then reviewed the recommended Encroachment Policy A-E. They recommended changing the Flow Chart as presented on Page 2165. The Council discussed how they can make sure people buying a property are aware of an encroaching structure on Commons. The City Attorney suggested that when we review Policy F, which are ways to make the owners responsible for the encroachments, there maybe a way of recording some kind of an instrument against the principal parcel indicating that there is an encroachment from that parcel onto the Commons which is subject to the City's regulations. The Council discussed tying the dock license to the encroachment permit. Mr. Goldberg stated that the DCAC did not vote on tying these together. This came out of discussions with John Dean, Jon Sutherland, and Jim Faekler. They felt there was no teeth without tying the two together. Mr. Goldberg stated he did call the other members of the DCAC and they did not have a problem with it. 591 Mound City Council Minutes - December 16, 1997 The Council would like to have a separate account in the Dock Fund for these permit fees. Councilrnember Jensen stated she is not in favor pro-actively removing structures, but she does not agree with the statement under Policy B which says: "The City should not deny approval to maintain a structure on commons which would otherwise be approved for nonconforming structures that are not on commons.". Jensen also commented on Policy C,2.b. & c. where it talks about the fair market value of the structure before repair. She was not sure how to reach the value of something before repairs versus what the value will be after repairs. The City may find it difficult to remove things if we are using numbers before repair. 'A bigger issue for her is allowing repairs of structures on commons that ultimately we would like to see removed. Councilmember Hanus stated that he thinks the DCAC is trying to draw a line so nothing structural should be done, but normal maintenance such a painting, roofing (as long as it doesn't include roof boards). Councilmember Jensen stated that what would be allowed on private land should be looked at differently than what is allowed on public land. The Council discussed the $15 fee for any permits large or small. The Council asked if any new things, ie. fire rings, birdhouses, etc. would be allowed. Mr. Goldberg stated new things are not in this recommendation. This recommendation only deals with existing structures that would no longer be considered to be permitted to be built. Mr. Goldberg stated that the DCAC is also recommending as a separate topic, we should consider changing permit fees to conforming encroaching structures. This will come up somewhere down the line. The Council does not want to encourage putting things on the Commons. Mr. Goldberg stated that the Building Official had some concerns about "Guidelines for Writing Staff Reports for Public Lands Permits as follow: 1. Under 2 b.& c. on the fn'st page if the DCAC were to delete that the person's dock license would be withheld for noncompliance, he would have no leverage. The City Attorney stated that the Building Official also expressed the same concern about items 3.d. and 7. The City Attorney stated that the Building Official felt he should have some say in the manner of the performance of the minor maintenance rather than simply let the owner of the property do it themselves. There were also legal issues about safety. In their discussion, the Building Official's suggestion was item 3.d. and item 7 not be changed at this point, but be subjects of subsequent discussion. The Commission did not spend a lot of time on this so Mr. Goldberg and the Mayor felt the DCAC would not have a problem with leaving those items as they are and addressing them at a later date. Mr. Goldberg stated they are trying to be less heavy handed. MOTION made by Ahrens, seconded by Weycker to accept and approve the encroachment policy as recommended by the DCAC and directing the City Attorney to prepare it in ordinance form. The vote was 4 in favor with Jensen voting nay. Motion carried. 592 Mound City Council Minutes - December 16, 1997 INFO~TION~,~CELLANEOUS: A. Planning Commission Minutes of December 8, 1997. B. Economic Development Commission Minutes of November 20, 1997. MOTION nmde by Ahrens, seconded by Weycker to adjourn at 9:40 P.M. The vote was unanimously in favor. Motion carried. Attest: City Clerk 593 BILLS -December 16, 1997 BATCH 7122 $263,478.30 Total Bills $263,478.30