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2006-07-25 MOUND CITY COUNCIL MINUTES JULY 25, 2006 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, July 25, 2006, at 7:30 p.m. in the council chambers of city hall. Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mike Specht, John Beise and David Osmek. Others Present: City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Amanda Schwarze, Tom Dulebahn, Gloria Yule, Vernon Snodgrass, Vince Forssman, John Evans, Stan Mierzejewski, Scott Lindberg, Ron Marschke, Tom Walsh, Robbie Flatten, Mark Hanus, James and Kathy Veit, Pat Horgan, Virginia Gardstrom, Dwight Gardstrom, Laura and Dean Sulander, Brad Curtis, Tom Reese, Tom Dulabohn Consent Agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council and will be enacted by a roll call vote. There will be no separate discussion on 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, Open Meeting Mayor Meisel called the meeting to order at 7:30 p.m. 2. Pledge of Allegiance 3. Approve Agenda Brown requested making the request for addition to the consent agenda, Item 9A, Public Gathering Permit application from MarineMax. Meisel requested the addition of Item 5i, Verizon Agreement. MOTION by Brown, seconded by Specht to approve the agenda as amended. All voted in favor. Motion carried. 4. Action on Resolution Declaring August 5, 2006 as Andrews Sisters Day MOTION by Brown, seconded by Specht to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 06-85: RESOLUTION DECLARING AUGUST 5, 2006 AS ANDREWS SISTERS DAY IN THE CITY OF MOUND ^ Mound Council Minutes -July 25, 2006 Mayor Meisel presented a framed resolution to Tom Rockvam, who was instrumental in the Andrews Sisters Trail dedication scheduled for August 5, 2006. 5. Consent Agenda Qsmek requested the removal of item 5A for discussion. MOTION by Brown, seconded by Specht to approve items 4B through 4i. All voted in favor. Motion carried. A. (removed) B. Approve Payment Request No. 8 from Buffalo Bituminous in the amount of $92,567.21 for the 2005 Street Improvement Project C. Approve Payment Request No. 4 from Chicago Bridge & Iron in the amount of $105,015.21 for the Chateau Water Tower Project D. Approve American Engineering Testing payment of $1,882.50 for the 2006 Street Improvement Project E. ORDINANCE NO. 14-2006: AN ORDINANCE AMENDING SECTION 800 OF THE MOUND CITY CODE AS IT RELATES TO INTOXICATING LIQUOR LICENSES F. ORDINANCE NO. 15-2006: AN ORDINANCE AMENDING SECTION 810 OF THE MOUND CITY CODE AS IT RELATES TO BEER LICENSING G. RESOLUTION NO. 06-86: RESOLUTION ADOPTING FEE SCHEDULE H. Approve authorization for Bolton & Menk to prepare Water Supply Emergency and Conservation Plan Update I. Approve Memorandum of Water Tower Lease Agreement and Water Tower Lease Agreement with Verizon Wireless for the water tower at 6125 Evergreen Road. 5A. Approve payment of bills Osmek had question on the coding of a bill from The Laker to the docks fund. This publication was for the Charter Boat ordinance, and was coded appropriately. 6. Comments and suggestions from citizens present on any item not on the agenda John Evans of 2025 Arbor Lane, appeared before the Council expressing concern over the under-use of the Lost Lake Channel. He suggested ways of getting people to use this channel for access to our downtown businesses, all of which the Council will take under consideration. 2 Mound City Council Minutes -July 25, 2006 7. Public Hearing Action on Ordinance Amending Chapter 350 of the Mound City Code as it relates to the Zoning Ordinance -reduce maximum number of stored recreational vehicles from 7 to 5 and incorporate new regulations for front yard parking Sarah Smith reviewed the proposed changes to the code, being consideration of reducing the maximum number of "recreational vehicles" which may be stored on a property from 7 to 5 and to incorporate provisions to regulate the parking of a "recreational vehicle" in front yard areas. Members of the Planning Commission did not support the addition of a regulating recreational vehicles parked in front yards due to concerns about the number of "small lots" in mound and the ability enforce the new regulations. As an alternative the Planning Commission suggested and recommended an amendment to reduce the number of "recreational vehicles" which may be stored on a property from 7 to 5 and encouraged the City Council to take small steps as opposed to significant changes to the exterior storage regulations. Smith also presented correspondence from Rebecca Bowers and Gary and Jane Johnson, both supporting the proposed changes to the ordinance. Mayor Meisel opened the public hearing at 7:57 p.m. Brad Curtis, 5967 Idlewood Road, asked why we were here again about this topic. The same discussion occurred about 6-7 years ago. He emphasized that he thinks this is a working man's town and he doesn't think the people who built the community should have to sacrifice for new people moving in that don't like the looks of certain neighborhoods. Tom Dulebohn, 4448 Radnor Road, feels there is not enough enforcement of the existing regulations. His new neighbors have bad habits, with storing old junker cars and a horse trailer that have 5-6' tall weeds surrounding them. One neighbor put a bar in his garage and everyone comes over there to smoke and drink. Another has a boat with a blue tarp over it that hasn't moved for years. He feels there is more inspection and more enforcement needed. Vernon Snodgrass, 3025 Longfellow Lane, stated he doesn't have a qualm with the ordinance but is concerned with contractors currently parking on public streets instead of in their own yards, as well as people who shove boat trailers in the weeds or trees not even on their own property. John Evans, 2025 Arbor Lane, stated he has a lot of pride in his home, but this pride isn't shared by all residents. He is in favor of reducing the number from 7 to 5. 3 ~ r Mound City Council Minutes -July 25, 2006 Stan Mierzejewski, 1942 Shorewood Lane, urged the Council to accept the full amendment as proposed by staff. He presented some pictures of his neighbor's house with various boats, trailers and cars parked at his property. He feels this deteriorates his property value, and also thinks that the amendment is not strong enough. He thinks the city needs to be cleaned up. Gloria Yule, 5990 Ridgewood Road, asked what ruling there is for empty boat trailers parked on the street day after day and she was asked to call the Police Department when this is occurring so they can ticket the violators. Kathy Veit, 2563 Lost Lake Road, expressed opposition to the amendment because Mound is a recreational community and her neighborhood doesn't have a problem with this issue. She questioned why the council would apply this if not everyone has a problem. Bruce McIntyre, 6143 Basswood, said he has a motorhome on the cement driveway, and also a boat that he bought in 1975 that has been sitting on the grass next to house since then. He understands that with the proposed amendment he would have to cement a pad for under the boat or get rid of the boat. '-' Dean Hunter, Tuxedo Blvd, doesn't see why we need any more regulations. He's lived here for 25 years and it doesn't bother him to have things in the yards. It's shows there are people living and having fun there. If all of his seven kids were home he wouldn't even keep all the cars in the yard with the new amendment. Dean Sulander, 2524 Emerald Drive, feels that we don't need new regulations, but need to enforce the ones we have. Scott Lindberg, 1936 Shorewood Lane, said that if only the operating cars are counted, that 5 is a good number. He's seen a lot of stuff parked in yards other than cars, and that gets to be an eyesore. He has nothing against work vehicles in the driveways, as long as the neighborhood isn't shabby-looking. Mary McKinley, 5948 Hillcrest Road, said she has a very small lot and they own two watercraft, not including one that they share with another person. The watercraft can't be seen by anyone because they are stored behind the house. She also asked if two personal watercraft on a trailer constitutes 3 or 1 units. Staff determined that this definition will have to be stated more clearly. McKinley continued by stating that she thinks the existing regulations need to be enforced. 4 Mound City Council Minutes -July 25, 2006 Kandis Hanson addressed the enforcement issue, stating that in the past three years nuisance abatements have occurred on 300-400 properties annually. This includes abatements of all types; weeds, exterior storage, garbage, vehicles, etc., so the ability to enforce is there. Tom Walsh, 5770 Bartlett, expressed his opposition to the amendment mainly because of the hardcover issue. It's costly and wouldn't look good. He's having parking problems in his neighborhood and said he reported it to the Police Department and they enforce at their discretion. This is especially evident at the Depot. Chief Kurtz answered that discretion is used there because of the bad parking situation, but this topic is not relevant to this public hearing's topic. Mayor Meisel closed the public hearing at 8:39 p.m. After discussion, it was the consensus of the council that the amendment needed more work regarding definitions of terms used within and taking into consideration the concerns expressed at the hearing. Chief Kurtz, Ray Hanson, and Sarah Smith should work on the draft to prepare for the Planning Commission's reconsideration. MOTION by Brown, seconded by Osmek to table action on this item and refer it back to the Planning Commission for refinement regarding definitions and the issues brought forward regarding the proposed amendment. All voted in favor. Motion carried. 8. Approve Minutes MOTION by Specht, seconded by Beise to approve the minutes of July 11, 2006. The following voted in favor: Brown, Specht, Beise and Meisel. The following voted against: None. Osmek abstained from voting as he was absent from that meeting. Motion carries. 9. Review of proposed ordinance as it relates to Shoreland Overlay District Changes Sarah Smith stated that no formal action is needed on this item this evening, but that this is an informal review of the proposed amendments by the Council to ensure that they are consistent with previous Council action. The previous direction was to have that riparian lots which are separated from public waters by commons or undeveloped, platted streets may include a portion of this adjacent area to meet the minimum lot area standard. The portion of the commons or undeveloped, platted street to be included to meet lot area requirements must be above the ordinary high water level, identified on the plat, and be agreed to by the City. These area would have to be kept undeveloped for as long as the lot existed. 5 ^ ~ Mound City Council Minutes -July 25, 2006 After discussion it was the consensus that the Council does not want the commons or undeveloped, plated streets to be included in the calculation of lot area. Sarah will revise the amendment to that affect 9A. Public Gathering Permit submitted by Marine Max An application has been received for a public gathering permit to use Mound Bay Park for a Customer Appreciation/Company picnic for July 29, 2006, from 7 a.m. to 7 p.m. with attendance of 125-200 people. Brown and Osmek conveyed that they believe this is not an acceptable time to hold this event because of how busy that area is on week-ends with our own residents. Parking is an issue as well as afor-profit company over-taking the park when it is heavily used by residents. Hanson commented that she and the Police Chief met with representatives from the company and they seem to be well-organized and stated they will bring in their own temporary facilities and garbage receptacles and take care of park clean-up when the event is completed. Most of the event will take place out on the water, with boats tying together. MOTION by Beise, seconded by Specht to approve the public gathering permit submitted by marine Max for July 29, 2006 at Mound Bay Park. The following voted in favor: Specht, Beise and Meisel. The following voted against: Brown and Osmek. Motion carried. 10. Miscellaneous/Correspondence A. Questions and Comments from Councilmembers: Osmek questioned why appropriate staff didn't bring National Night Out back before the Council for consideration as directed. Hanson stated it is the same week as the Andrews Sisters event and that police overtime got scrutinized in the budget and overtime makes National Night Out an expensive event. She stated that police overtime was slashed severely in the 06 budget, so as City Manager she deemed it irresponsible to bring this up in an already skinner year. Osmek stressed that he thought this should have been the decision of the Council, not the City Manager. B. Reports: PC Minutes of July 10, 2006 LMCD Newsletter Star Tribune Article on Railroad Authority Municipal Communications Law Update C. Correspondence: Northstar Commuter Rail 6 Mound City Council Minutes -July 25, 2006 11. Adiourn MOTION by Brown, seconded by Specht to adjourn at 9:56 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Mayor at Meisel