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2000-04-11MINUTES - CITY COUNCIL - APRIl. 11, 2000 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, April 11, 2000, at g:00 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, Park Commissioner Jim Fackler, and Secretary Sue McCulloch. The following interested citizens were also present: Jim Albrecht, Kim Anderson, John & Kristin Beise, Orr Burma, Jane & Martin Carlsen, Ken & Sally Custer, Bruce & Patti Dodds, Michael Durrell, Wayne Ehlebracht, Lorrie Ham, Kandis Hanson, Bob Johnson, Vern Hanson, Irene & Pat Harrington, Colleen Hendricks, Ann Hiltsley, Jo Longpre, Peter Meyer, Bill & Dorothy Netka, Larry Olson, Todd Rask, Linda Skorseth, Marlene & Stan Strailey, Dean Sulander, Craig & Elsa Watson, Betty & Frank Weiland, Tim Williams. *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 Mayor Meisel opened the meeting at 8:00 P.M. and apologized for the HRA meeting having run over its normal time period. Mayor Meisel also made apologizes in advance for her recent surgeries which will cause possible more intermissions because of strains being put on her in her neck and back area. Mayor Meisel welcomed the people in attendance. The pledge of allegiance was recited. APPROVE AGENDA AND CONSENT AGENDA Acting City Manager stated Nancy Starr, the applicant has asked that Item 6 not be discussed until the April 25, 2000, City Council meeting. The Acting City Manager further requested that the Executive Session be moved to right after the Consent Agenda. Legal counsel suggested the Executive Session could be completed within approximately 15 minutes. Mayor Meisel stated she would like to add Item 7 to discuss some information items which include brush and leave pickup, coffee for businesses, and Mound City Days. Councilmember Ahrens stated she would like to pull Item B for brief comments. MOTION by Weycker, seconded by Hanus, to approve the agenda and consent agenda with the removal of Items B and 6 and the additions of Executive Session and Item 7. The roll call vote was unanimously in favor. Motion carried. 5-0. 256 MOUND CITY COUNCIL MINUTES - APRIL 11, 2000 CONSENT AGENDA *1.0 APPROVE MINUTES OF MARCH 28, 2000. MOTION. Weycker, Hanus, unanimously. *1.1 RESOLUTION TO APPROVE A PUBLIC LANDS PERMIT TO ALLOW TRIMMING, BRUSH AND SUMAC REMOVAL ON DEVON COMMONS ADJACENT TO 4625 ISLAND VIEW DRIVE, LOT 10, BLOCK 1, DEVON - DOCK SITE #41319. RESOLUTION//00-40 RESOLUTION TO APPROVE A PUBLIC LANDS PERMIT TO ALLOW FOR TRIMMING AND BRUSH AND SUMAC REMOVAL ON DEVON COMMONS ADJACENT TO 4625 ISLAND VIEW DRIVE, LOT 10, BLOCK 1, DEVON, DOCK SITE #41319. Weycker, Hanus, unanimously. *1.2 APPROVE REQUF~T FOR STREET LIGHT ON LYNWOOD BOULEVARD. (This reo~uest from Metro Transit has been reviewed by the Police Department and they have recommended approval. There are no residences in the area that will be affected.) RESOLUTION//00-41 RESOLUTION TO APPROVE THE INSTALLATION OF A STREET LIGHT ON LYNWOOD BLVD. AS REQUESTED Weycker, Hanus, unanimously. *1.3 '1.4 APPROVE BID OPENING DATE FOR 2000 SEAL COAT PROJECT. (SUGGESTED DATE: May 3, 2000.) MOTION. Weycker, Hanus, unanimously. PAYMENT OF BILLS. MOTION. MOUND CITY COUNCIL MINUTES - APRIL 11, 2000 1.5 Weycker, Hanus, unanimously. APPROVE THE FOLLOWING PUBLIC GATHERING PER1VIIT$ FOR BASS TOURNAMENT WEIGH-IN'S ONLY AT MOUND BAY PARK BOAT ACCESS. Ae June 2, 2000 - Denny's Super 30. June 3, 2000 - MTKA Bass Classic. July 7 and 8, 2000 - MN PRO-AM Bass Tournament. Councilmember Ahrens asked about park fees. Acting City Manager stated one organization has donated $200 and another has donated $50. Councilmember Ahrens wanted it noted that a good portion of the day is given to these organizations and a fee should be received by the City for this service. Acting City Manager stated she would be gently suggest a donation in the future. Councilmember Brown stated Mound VFW and Langdon Bay Trading Post are concerned about trailers being parked in front of it business during these events. They would encourage the City to put up signs that designate no trailer parking for a certain distance outside their business. Mayor Meisel suggested this matter should be covered at the May, 2000, COW meeting, as well as discussed with the Chief of Police. It was noted that because of the short time allowed before the above-listed organizations would be using the park, the City Council needed to approve the above permits without charging a fee. It was discussed that in the upcoming years, the City would consider charging a fee to these organizations. MOTION by Ahrens, seconded by Brown, to approve the public Gathering permits recommended by staff. The vote was unanimously in favor. Motion carried. 5-0. 0.6 EXECUTIVE SESSION (WOODLAND POINT). The City Attorney explained the City Council would meet in closed executive session to discuss the Woodland Point settlement. Councilmember Weycker did not attend this session. The meeting recessed at 8:10 p.m. The City Council Meeting reconvened at 8:40 p.m. The City Attorney stated direction was given to counsel regarding settlement negotiations in the Woodland Point case. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT ABOUT SUBJECTS NOT ON THE AGENDA. (PLEASE LIMIT TO 3 MINUTES PER SUBJECT.) MOUND ClTY COUNCI~ MINUTES - APRIL 11, 2000 Linda Skorseth, 5648 Alder Road. Mr. Skorseth stated she presented to the Acting City Manager with 59 more signatures late Monday for the petition to be validated. She is confident the election would be able to be held at this point. She is hopeful at the next City Council meeting a date for the special election could be suggested. Ann Hiltsley, 3105 Island View Drive. Ms. Hiltsley wanted to make sure the audio and video equipment was working tonight. Mayor Meisel assured her it was working. Ken Custer, 5310 Bartlett/5533 Shoreline. Mr. Custer asked if it would be possible to have an appropriate staff member speak to the business owners prior to signing the redevelopment agreement. Mayor Meisel suggested having either Jim Prosser or Bruce Chamberlain discuss with the businesses what is being proposed and find out what the owners are suggesting possibly prior to the signing of the development agreement. Peter Meyer, 5748 Sunset Road. Mr. Meyer has noticed a lot of information coming in the direction of the public about TIF. He is concerned that cities in general are relying too much on TIF, thus putting an undue burden on the citizens. He is very concerned about Mound and how this will affect the town. 1.7 CONTINUATION OF PUBLIC HEARING REGARDING COMPREHENSIVE PLAN. The City Planner presented the Comprehensive Plan materials. He stated there is a proposed resolution included in the packet for adoption of the Comprehensive Plan if the City Council approves it tonight. The City Planner stated some major issues have been discussed since the Planning Commission held its public heating in November, 1999. He stated these issues are difficult ones at this point in time for the public. He stated he has provided the City Council with the information to help sort through these issues. The City Planner stated the Comprehensive Plan has had input from commissions, staff and the public. The City Planner stated there are two issues of discussion: (1) the pending sale of the old high school site and ballfields by the school district and what the future holds for that scenario; and (2) the relationship of that specific park location that has been present for nine years. Councilmember Hanus stated it is his understanding all drafts have been incorporated into the Comprehensive Plan and the current draft is dated April 11, 2000. He asked about a map on page 38 that states the land use plan. He is concerned there is a notation of ballfied property shown as medium density asked and in other areas it is noted as schools and other facilities. MOUND CITY COUNCIL MINUTES - APRIL 11, 2000 The City Planner stated the Planning Commission has shown this as medium density and the Park Commission has noted this as ballfields. The City Planner is concerned about taking this out of the parks map because of the current timing issues at hand regarding this piece of property. He further suggested leaving this green space as parks until the City knows exactly what will happen to the ballfields, and then amend the I-Iaddorf field location if there is a change. The City Planner explained the map is more of a vision. Councilmember Hanus is struggling with what he would like to see happen with this property versus what probably will become of it. He further stated he is real uncomfortable with leaving this property as residential medium density. Mayor Meisel stated if we leave it as medium density, we could still address these concerns when the plans start progressing regarding the redevelopment of Mound. The City Planner stated if it is to be medium density the parks plan will play into that parcel and through land dedication. He stated this site could always remain part of the parks system. He further stated it could balance this if the site is not kept as it is today. Councilmember Hanus stated approving this notion does not approve the development, but it helps support the medium density in that location. Councilmember Brown stated if we leave it as parks and it does get sold for development, he now feels we can still negotiate what the land use will be. He stated if it is designated as medium density from the beginning, he strongly believes the room for negotiation has decreased. Mayor Meisel would like to see it kept at medium density with the idea ordinances would play a part in this process at negotiation time. She stated she went and checked out a development in Buffalo with medium density and it was done very tastefully. She assured all members this is being done in small and large towns. She stated knowing that housing is being proposed, the plan and the vision should be put together as one. Councilmember Ahrens agreed with Meisel. She has confidence in what the developer is capable of and appreciates the work he has already performed. Councilmember Brown stated, hypothetically, with what is being proposed a lot could consist of at the heavy density to be about 2,500 square feet, and at the light density, it would be about 4,000 square feet. Councilmember Brown and Councilmember Hanus believe this would be too dense. The City Planner explained that medium density would be consistent with the downtown plan. He further stated a house that would be suitable in this area would be a townhome or lighter unit apartments. Councilmember Hanus asked if the Councilmembers, including himself, are to be guided by our own thoughts or the developer's advice. The City Planner stated Commerce and MOUND CITY COUNCIL MINUTES - APRIL 11, 2000 Shoreline would be medium density which would show consistency and a good plan for the City of Mound to include this portion as medium as well. Councilmember Brown assured the Councilmembers that his conversations with the developer have made him believe the developer is willing to work with the City of Mound and would like to work with the people to create an exciting new downtown redevelopment. Councilmember Weycker stated that Linda Skorseth just reported that they appear to have enough signatures for special election, so she didn't feel the Council should designate this property medium density or something else until this election has occurred. Mayor Meisel stated she would agreed with Councilmember Weycker if this was being looked at three years ago. Although, knowing there are plans out there, she strongly recommends the vision in the Comprehensive Plan to go along with the plans presented. Councilmember Hanus stated he is struggling with the density part of this property. He suggested that the City Council vote on this issue separately to determine where and how to continue with the Comp Plan. The City Council should vote on the Comprehensive Plan as a whole and then vote on amendments to the plan, such as the green space, separately. Councilmember Hanus stated he would like this green space to be designated as public institutional as presented in the 1988 Comprehensive Plan. He stated if this is changed to what the developer wants, this would only allow the developer more ammunition to say to the City of Mound that they cannot deny his project. Councilmember Ahrens stated that the same argument would hold if the green space would be designated as park. The City Planner assured the Councilmembers that the developer wants to work out the issues of what the property is zoned with the City. Although, he did suggest the property could be indicated as low rather than medium density. Councilmember Brown suggested Haddorf Field could be noted as the auto destination district. With this designation, it could be used as park or residential, wherever autos are being used. The City Planner stated the auto destination district is technically more dense than the medium residential being proposed. Councilmember Hanus asked how the Planning Commission swung in the direction they did? The City Planner stated there were a number of things that were occurring on the corner of that property, and since a number of meetings happened and if we lost control of the fields, what would be the best next scenario. He further stated they were trying to keep a denser population around the core of downtown. Councilmember Hanus stated from a visual side, he definitely sees this density considered too dense for this area. MOUND CITY COUNCIL MINUTES - APRIL 11, 2000 Mayor Meisel disagreed with Councilmember Hanus because a developer will work as best they can with a City if they are willing to make the area really nice which would show a reflection on the developer as well. Councilmember Brown agreed. Councilmember Hanus, with a suggestion from the City Attorney, stated having the staff create a new forth designation and call it "Residential (density to be determined on site analysis.)" All members of the City Council supported this idea except Councilmember Weycker. Councilmember Weycker would like it to stay as park land until the election has been completed. Councilmember Weycker stated she totally disagrees with the section where the commons being represented as park land. She further stated the number includes all commons and all the commons are not able to be used by the public with some dedicated to specific neighborhoods. She does not think all the commons should be noted as park land which causes the charts in the Comprehensive Plan to show more park land than what really exists. The City Planner stated a specific chart shows about a 5 acre deficiency for a City the size of Mound according to the national standards. Although, a different table shows there are many parks in the City of Mound that have many purposes for many different types of people that indicate there is a good size total of park dedication in the City of Mound. Further work needs to be done to indicate all the diverse needs of the parks in Mound. Councilmember Hanus stated even though some park land might not be allowed for all of the public, it is still being used for some recreational purpose for someone's benefit in the City of Mound. Councilmember Weycker stated these parks that are not accessible to the public but are still considered as park land, should be identified as open space or should be noted appropriately in the Comprehensive Plan. She further commented the numbers do not accurately represent 21 acres of park space in the City of Mound. The City Planner stated he is trying to represent all of the diverse park and open space and really not focus on what the numbers are or would be, but to focus on the needs that are there that are really not being met and show a more definite example of how these parks relate to the neighborhoods. Councilmember Ahrens stated the City of Mound is not trying to hide anything regarding the park category. She agreed with the City Planner that the land configuration for parks does serve a recreational need for citizens in the City of Mound, so therefore it could be categorized as park. She appreciates the two charts that represent the park system. Councilmember Weycker stated she would not be opposed to calculating the commons into the graph, but she would like to eliminate the two categories noted as nontraversable and the privately dedicated areas. The City Planner stated this may be difficult to accomplish without proper surveys. MOUND CITY COUNCIL MINUTES - APRIL 11, 2000 Mayor Meisel suggested page 77 indicates specialized areas and indicates exactly what the commons property states. Mayor Meisel also suggested changing the verbiage to make it more clear and say there are specialized areas that are strictly for specific "neighborhood uses." Mayor Meisel further suggested having an approximate number that would be considered neighborhood parks. The City Planner stated this could be accomplished. Councilmember Brown stated on page 69 the chart that mentions Lost Lake is a park and recreation area should be changed to indicate it is a nature consenration area. The City Planner agreed with Councilmember Brown. Mayor Meisel opened the public hearing at 9:36 p.m. Linda Skorseth, 5648 Alder Road. Ms. Skorseth recommended leaving the Haddorf Field as public use rather than changing it to medium density residential or some other use. She further stated the election would be happening at some point and why not wait and change this green space after the election has been decided. She stated if the commons area is considered park as she knows it, she would be picnicking in resident's back yards' in the future. Mayor Meisel suggested Ms. Skorseth read the complete verbiage that goes with the chart in explanation of commons property. Councilmember Hanus stated the City is merely recognizing the land and identifying what the land use really is in the Comprehensive Plan. Councilmember Ahrens stated there are two charts that identify the commons in different ways and both of these ways surely fits the current use of the commons. Peter Meyer, 5748 Sunset Road. Mr. Meyer stated he is concerned about the inventory of the parks in the City of Mound. He does not want Haddorf Field removed from the park system. He further stated Mound definitely does not have enough parks for a city of about 10,000 people. Kim Anderson, 5736 Lynwood Boulevard. Ms. Anderson stressed the City of Mound is below the recommended minimal amount of park space available for the public. Dean Sulander, 2524 Emerald Drive. Mr. Sulander asked who owns the Haddorf Field currently? Mayor Meisel stated that the school district owns the property. Mr. Sulander asked if this is separate from City owned property and Mayor Meisel stated it was separate. Greg Watson, 4610 Tuxedo. Mr. Watson questioned the City in changing the rules for what type of home can be built on the minimal amount of land located in the green space location when the rules apply on Island View. He stated the City desperately needs park space. MOUND CITY COUNCIL MINUTES - APRIL 11, 2000 Councilmember Hanus stated there are different zones that require different density that currently exist and this includes Island View Drive. Mayor Meisel closed the public hearing at 9:59 p.m. MOTION by Ahrens, second by Brown, to approve the Comprehensive Plan as recommended by staff. RESOLUTION//00-42 RESOLUTION ADOPTING AN AMENDED AND UPDATED COMPREHESIVE PLAN FOR THE CITY OF MOUND, MINNESOTA, PURSUANT TO M]NF. SOTA STATE STATUTES AMENDMENT MOTION by Mayor Meisei, seconded by Hanus, to amend the motion as follows: Add a new fourth category under the Land Use called "residential (density to be determined on site analysis)." e The Haddorf Field location would be restated as "downtown residential." Amendment Motion carried. 4-1, Weycker voting nay. Councilmember Ahrens stated she would have liked a more clear designation, but she appreciates it being changed rather than having been kept as it was previously noted. Councilmember Brown stated labeling the Haddorf Field as downtown residential does not exclude it from being used as parks. AMENDMENT MOTION by Mayor Meisel, seconded by Ahrens, to amend the motion as follows: 1. On Page 77 the verbiage should indicate that some of the commons are dedicated to specific neighborhoods. The vote was unanimously in favor. Amendment motion carried. 5-0. Mayor Meisel called for a vote. Motion on Resolution//00-42, as amended above carried 4-1. Weycker voting nay. MOUND CITY COUNCIL MINUTES - APRIL 11, 2000 1.8 CONTINUATION OF PUBLIC HEARING REGARDING THE SURFACE WATER MANAGEMENT PLAN. Mr. Dan Parks gave the background on the Surface Water Management Plan ("SWMP') and reported its final presentation is derived from information received from Planning Commission, the public and staff over the past months. If the plan is approved tonight, it will proceed to the Minnehaha Watershed District for approval and at that point, the Plan would be included as part of the Comprehensive Plan. Councilmember Weycker wanted to be assured the fee scale on the utilities is appropriate to mention. Mr. Parks agreed. Councilmember Weycker stated on page 48, she would like the words "unmaintained" removed when referring to the buffer zone. Councilmember Hanus stated if this was adopted the way it currently is presented the green way downtown would be gone as well as the grant. Councilmember Mayor would like a better definition of a buffer zone. Mr. Parks explained the buffer zones requirements in great detail that would include buffers on platted land. He stated for the SWMP to be approved by the Watershed District, it would need to include some mention of a buffer zone in the Plan and how it will be incorporated into the City of Mound. He stated a buffer zone would help restore the shoreline, reduce migration of geese, and hold back chemicals being sent to the lake at large levels. Councilmember Hanus asked what percentage there is that states weeds will provide better filtering versus mowing the lawn and why would the geese stay away more when they now would have more protection in these high weeds, and easy access to food by wandering up to the grass. Mr. Parks stated there is no scientific study he is aware of that having a buffer zone will be any better than mowing the grass and, secondly, he stated the geese will go where they want to go and will go where there is grass, which seems more assessable when it is right down to the lake. Councilmember Brown stated he would appreciate the document when it refers to the buffer zone to have it not say it will be "required", but rather "recommend" or something to that effect. Mayor Meisel asked why the City of Mound want an ordinance that the City Council would not want to enforce. MOUND CITY COUNCIL MINUTES - APRIL 11, 2000 Councilmember Hanus stated he is opposed to buffer zones. He stated he would suggest turning the SWMP into the Watershed District with no mention of including a buffer zone and show that the City of Mound is totally against this idea. Mayor Meisel agreed. Mayor Meisel is very concerned with having a buffer zone in the commons area. She stated a buffer in the commons would basically mean the commons would be gone at some point. Mr. Parks wanted to clarify that the Watershed District will not accept the SWMP without a buffer zone inclusion, although, he would surely present the SWMP without a buffer zone if that is what the City Council approves, and then we will see what happens. We could discussing the SWMP again in 90 days. Councilmember Hanus would like to know what cities have adopted a buffer zone. Mr. Parks stated Chanhassen, Wayzata, Minnetrista, and Shorewood have presented a buffer zone in their SWMP. Councilmember Weycker stated the definition of what a buffer zone is not clear in the SWMP. The Acting City Manager suggested Teal Point with its surrounding wetlands as an example of buffer zones that exist in City of Mound. Councilmember Hanus stated he feels having a buffer zone would depreciate property values in the City of Mound. Councilmember Weycker stated if this is mandated by the Watershed District, then why is the City of Mound rejecting this idea. Councilmember Hanus suggested if the Watershed District receives a lot of opposition, they may change their requirement rule. Mayor Meisel excused herself as Mayor and Councilmember Hanus took over as Acting Mayor at 10:39 p.m. Mayor Meisel returned and reconvened at 10:55 p.m. Orv Burma, 3011 Island View Drive. Mr. Burma stated he has three comments. (1) Mr. Parks eluded to the local control issue of the buffers and if the City leaves the buffer zone section in the SWMP and it gets approved, the City of Mound could enforce the buffer as vigorously as Wayzata; (2) the SWMP should include the words "up to 75 percent" for a buffer zone consideration; and (3) the word "encourage" should be put in rather than "require" regarding buffers. Mayor Meisel closed the public hearing at 10:56 p.m. MOTION by Brown, seconded by Hanus, to adopt the Surface Water Management Plan as presented by staff. MOUND CITY COUNCIL MINUTES - APRIL 11, 2000 RESOLUTION//00-43 RESOLUTION ADOPTING THE SURFACE WATER MANAGEME~ PLAN AS RECOMMENDED BY STAFF. AMENDMENT MOTION by Brown, seconded by Weycker, to amend the motion with Nos. 1-5 listed below: Indicate on page 48 to say the City will "recommend" natural unmalntained wetland buffers around lakes, wetlands or water ways .... ® Indicate on page 48, the buffers shah be a minimnm of 20 feet wide and cover "up to" 75 percent of lot frontage .... Indicate on page 48, the City will encourage the placement of 20 feet natural buffer of aH city lakes, wetlands, waterbodies and commons. Counciimember Weycker made a friendly amendment of removing the word "unmaintained" throughout the buffer requirement section. Councilmember Brown accepted Councilmember Weycker's friendly amendment. Councilmember Weycker made a friendly amendment that the word "vetative" to be changed to say "vegetated." This is merely a spelling error. Councilmember Brown accepted the friendly amendment. Mayor Meisel made a friendly amendment striking the buffer zone paragraph on page 48 which states: "In addition, the City will encourage the placement of 20 foot natural buffers around aH City lakes, wetlands, and waterbodies." Councilmember Brown accepted Mayor Meisel's friendly amendment, although Weycker did not accept this amendment as the seconder of the motion. Amendment motion failed 2-3, with Brown & Weycker in favor. Ahrens, Hanus and Meisel voting nay. Amendment motion by Hanus, seconded by Ahrens, to remove aH references to buffer zone requirements which include pages 6, 26, 27, 28, 29, 30, 37, 40 and 48. MOUND CITY COUNCIL MINUTES - APRIL 11, 2000 Amendment motion carried 3-2, with Ahrens, Hanus and Meisel in favor and Brown and Weycker voting nay. Discussion: Councilmember Brown stated if the SWMP is approved without any information about buffers, we will need to review it again in 90 days. Mayor Meisel stated she would rather send the SWMP forward without a buffer reference which would then allow the Councilmembers more time to investigate what other lake cities have passed regarding buffer zones in their SWMP and after that point the Councilmembers might be in better agreement about a buffer zone. Councilmember Ahrens agreed. Councilmember Hanus stated this will show that the City of Mound is being proactive by passing the SWIVIP on for the Watershed District's review. Councilmember Weycker suggested having the buffer zone on a case-by-case basis and she does not agree the buffer zone is a bad thing because of what the experts have discovered about buffer zones. Motion on RESOLUTION//00-42 as amended above, carried, 4-1. Weycker voting nay. 1.9 PEMBROKE PARK MULTIPLE DOCK NEIGHBORHOOD MEETING AND RECOMMENDATION. Mayor Meisel suggested opening discussions up to the public regarding this. Orv Burma, 3011 Island View Drive. Mr. Burma stated this has gone on way too long and there has been some mishandling of this matter from beginning to end. He further stated in his opinion with regard to what failed in this matter are the following items: The issue should have been presented in front of the DCAC and the POSC before it was addressed by the City Council. The Committee that was requested by the City Council should have been formed long before this past week. When this item was agreed to be placed on the DCAC agenda, staff and/or the Acting City Manager should not have removed this from the agenda. Having done this, staff should have notified individuals involved in this matter that this specific item was removed. More restraint by individuals should and could have been avoided both in writing and verbally. Mr. Burma stated to resolve this issue we need to think about all persons involved. Mr. Burma stated the group came up with a good solution regarding the three dock sites. He MOUND CITY COUNCIL MINUTES - APRIL 11, 2000 would like to see the three docks not lost but rather placed in another area of the City, such as Twin Park. The Acting City Manager stated that the direction of the Council on May 11, 1999, was that this would be revisited in October, 1999, by the City Council after the neighborhood group got together. The direction by the City Council was not to send this matter anywhere else until this neighborhood group had met. Councilmember Brown stated he and other members of the Pembroke neighborhood, which include Ann Hiltsley, Roberta Rice, Stan and Marlene Strailey, Todd Rask and Peter Meyer, met on March 30, 2000, and the following items of information were discussed: 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Poor communication existed with the city and neighborhood. A compromise between the neighborhood, dock owners, and the park people had resulted. Replace the fence at that park, as it is a personal issue for Don Schervern and not the rest of the neighborhood. Snowmobiles cutting through the park in winter. Disbursed commons land area and nontraversable commons. Contact Mr. Watson about moving. Remove 3 spots from dock. Move dock maximum length of 100 feet. Stick dock same place as last year. Helgerson boat to go on the end of slip (G) by Mr. Plaza because he backs his boat in which is a 36 foot boat and too large to have so close to the swimming area. Council will return any call. Boat safety with boats backed in. Make last slip (F) a single for Mr. Watson. Eliminate slip 10. Harvest mill foil more often and talk to LMCD. Parks to clean beach more often such as mill foil and dead fish. One year trial to evaluate beach. Dock review to go to the park, dock, and council after one year. Check swim area of beach. Parent responsibilities. Councilmember Brown stated the following items were agreed to by the members and are recommended tonight for the City Council's approval. B. C. D. E. F. Eliminate 3 dock spots. Ask if there is any other opening on Priest Bay for Mr. Sulander. Clean beach. Keep swim beach at same size as before. Swap Helgersons to Plaza's side for safety reasons. Put dock out all 100 feet. MOUND CITY COUNCIL MINUTES - APRIL 11, 2000 L. M. N. Make last slip a single (F) for Mr. Watson. Eliminate spot 10 (8 foot mark is located). Ask LMCD to harvest bay more often. One year trial. Review by Docks, Parks and Council the dock and beach area. Dock to move as close to Plaza line as possible. Put the dock in same place as last year. Lifeguard review. Mr. Sulander stated he does not want to be located at Priest Bay so Item B. should be removed as a recommendation from the Pembroke Committee. Mr. Meyer stated the review process should begin today and not wait and seek input from the commissions at a later date. The Attorney stated this is consistent with Letter K above. Mr. Meyer further stated this should be reviewed by all Commissions, including the Planning Commission. Mr. Meyer wanted to make sure none of the Commissions were bypassed with this issue. Orv Burma stated if this would be brought up to the Planning Commission, the Planning Commission would refer this matter on to the Docks and Commons Commission. Craig Watson, 4610 Tuxedo Boulevard. Mr. Watson stated his main concern is the use of the beach by his grandkids. He stated he would like to see the beach cleaned up and widened for this year and consecutive years because last year it was unclean and shallow. Mayor Meisel asked staff if the rope positioning had changed in the past years or would be changing. Mr. Jim Fackler stated the rope would stay the same; the dock would be moved only and the depth of the water is not a controllable issue for the City. Councilmember Brown stated with moving Mr. Watson's boat into a different slip, this would stop some of the propeller action of the boat causing mill foil and dead fish going towards the beach. Mayor Meisel stated she could certainly empathize with any individual private owner or organization that takes care of beach front property. She stated she is constantly burying dead fish, raking the water for weeds and mill foil from the fishing tournaments and A1 and Alma's boat traffic. Mayor Meisel stated with regard to excess weeds in the lake, the Pembroke neighborhood is not alone. Mr. Watson mentioned a lifeguard at Pembroke neighborhood beach would be much appreciated. Mayor Meisel questioned staff why a lifeguard was cut in this neighborhood and Mr. Fackler stated because of limited use of the beach, budget cuts and the cost of lifeguards all contribute to the absence of a lifeguard. MOUND CITY COUNCIL MINUTES - APRIL 11, 2000 Tim Williams. 3135 Air Lane, state the Pembroke neighborhood has changed in the last years and with the additional children in the neighborhood, so a lifeguard would be used again. Dean Sulander, 2524 Emerald Drive. Mr. Sulander stated he is hopeful the three slips that are being removed from Pembroke would not be lost, but rather resituated in another area, wherever they would be most useable and accessible for the citizens of Mound. Mayor Meisel asked staff if there is an area that these three slips could be moved to. Mr. Faclder stated Twin Park would be a possibility. Councilmember Ahrens stated we added one additional slip at Waterbury. Orv Burma stated if Twin Park would go back up to six, then the City of Mound would not be losing any dock slips with the reconfiguration at the Pembroke dock. Mr. Fackler stated this could be brought up to the Twin Park neighborhood for consideration. Mr. Meyer strongly objects to moving these multiple docks in front of park lands. He stated, in particular, at Pembroke, the docks have blocked off the whole park and it has lost its swimming beach. He stated what has been recommended to City Council tonight regarding this matter is a good compromise for this year. Ms. Hiltsley stated the Pembroke neighborhood is opposed to losing any commons docks. She further stated the multiple docks do need to be situated in a spot that would not affect a well-used beach area. She does not want to see the beauty of the lake destroyed. Mayor Meisel asked Mr. Rask if he is comfortable with his slip assignment because she recalls various discussions last year he had problems with his slip because of his boat size. Todd Rask, 5109 Diamond Road. Mr. Rask explained the process of him getting a slip due to the size of his boat. He is comfortable with the boat slip assigned to him this year. Councilmember Hanus asked staff if the City of Mound has adopted specific rules for larger boats. Mr. Fackler stated they are assigned to a certain slip size according to their boat size but there are not specific sites designated for larger boats at this time because of limited space for the docks. Mr. Rask stated his boat is not visible to abutters. Mr. Burma suggested the City Council voting on the present issues at hand for the sake of time and further discussions regarding separate owners would be considered when the review process occurs. He further stated he would probably not be representing the Dock Commission next year. MOUND CITY COUNCIL MINUTES - APRIL 11, 2000 Councilmembcr Ahrens stated enough hours have been spent regarding this matter and she looks forward to when the City Manager comes aboard. She further recommended this matter not come back to the City Council. Councilmember Ahrens stated she does not agree with having the LMCD harvest the lake more often because it is not a realistic expectation. She further stated the dock should be put out 100 feet, but she thought this was being accomplished in past years as well. Councilmember Ahrens suggested having the Hennepin County Assessor come to another City Council meeting and address the citizens of Mound how private lakeshore and abutting commons property is valued in the City of Mound. Councilmember Weycker stated the County Assessor stated your property would be valued on how best it would sell, not necessarily if it located on commons or not. Councilmember Ahrens does not want to eliminate the three dock slips. She would appreciate considering having these slips relocated. She further stated the 36 foot boat in slip A should park stem out, leaving the additional dock on that side. Mr. Watson stated there would not be enough parking spaces at this park for these slips and for use of the beach and park. They could park across the street but they would be ticketed. Mr. Sulander agreed with Mr. Watson that parking is a problem at Pembroke Park and you will get ticketed. Mr. Williams would like to see this matter approved tonight as presented. Councilmember Hanus is concerned this matter will be reviewed again next year. MOTION by Weycker, seconded by Brown, to approve Items A-N with the elimination of Item B. Friendly amendment by Brown to accept the Dock Configuration for the year 2000 Plan as Item B. The maker of the motion agreed with this friendly amendment. Discussion. Councilmember Ahrens stated she is concerned about the dock going out 100 feet and staying within the 100 foot mark. Mr. Fackler would talk to Gregg Nybeck and recommend the dock be out approximately 96 feet allowing 4 feet extra for boat length. There was quite a bit of discussion with Councilmember Hanus and Mr. Fackler regarding the Dock Configuration for the year 2000 and its exact configurations. MOUND CITY COUNCIL MINUTES - APRIL 11, 2000 Councilmember Hanus stated the single slip for Mr. Watson will be costly on a per slip basis and wanted to know if the City is willing to subsidize more than they have in the past. Motion carried. 3-2, with Brown, Weycker and Meisel voting in favor; Ahrens and Hanus voting against. INFORMATIONfMISCELLANEOUS. 1. EDC Minutes of March 16, 2000. Information from the League of Minnesota Cities about the Annual conference in St. Cloud, June 13-16, 2000. Please let me know if you are planning to attend. e Letter from Kevin England, Hasbro Corporation, regarding the wetlands remediation steps that they are planning for the unimproved Morton Lane (channel) off of Lynwood Boulevard. They will be doing a presentation for the Planning Commission on: Monday, April 24, 2000, in the Mound City Council chambers at 7:30 p.m. This information has also been given to POSC and DCAC so they can also attend. The Acting City Manager stated this would be worthwhile for all Commissions and the City Council to see the innovative plan. Councilmember Ahrens will not be in attendance; Councilmember Weycker will be in attendance. 4. Letter from Planning Commission Chair regarding P & Z Case//99-77. Councilmember Brown stated Chair Michael was quite disappointed that no Councilmember had replied to this letter. It was decided that this would be discussed as the next COW meeting in April. 5. Monthly report from Police Chief, Len Harrell. 6. LMCD mailing. 7. SRA (Suburban Rate Authority) information. Brush and leave cleanup. Mayor Meisel and the Acting City Manager agreed dates for brush and leave cleanup need to be picked. Councilmember Ahrens stated this had already been agreed for May 6, 2000. Acting City Manager stated a date was picked for clean-up, but this did not include brush and leaves. The Acting City Manager will investigate this matter and report back to the City Council at the April COW meeting. MOUND CITY COUNCIL MINUTES - APRIL 11, 2000 o Coffee for businesses. Mayor Meisel stated this would be a good opportunity to have the businesses meet Kandis. It was decided to have coffee on May 16, 2000, at 7:30 a.m. 10. Mound City Days. The date of the parade is June 17, 2000, and the Councilmembers decided they would ride in a trailer for the parade. Councilmember Hanus stated he works very hard to maintain slips and tonight, three slips were removed from the system. Councilmember Ahrens stated she did not approve of the slip removals as well. Mayor Meisel stated she struggled with making a decision regarding the slip removals this evening. Councilmember Weycker stated it is wrong to move the three docks to Pembroke Park in the very beginning, so removing the three docks tonight was correcting a problem that should not have started. Councilmember Brown stated trust was gained from the citizens of Mound regarding the Pembroke neighborhood park. ADJOURNMENT. MOTION by Ahrens, seconded by Brown, to adjourn the meeting at 12:45 a.m. The vote was unanimously in favor. Motion carried. 5-0. Fran Clark, Acting City Manager Attest: /council Secretary MOUND CITY COUNCIL MINUTES - APRIL 11~ 2000 THIS PAGE LEFT BLANK INTENTIONALLY. PAYMENT BILLS DATE: APRIL 11, 2000 BILLS ACCOUNTS PAYABLE BATCH # #0032 #0033 AMOUNT $112,268.16 $111,736.00 TOTAL BILLS $224,004.16