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1989-11-28174 November 28, 1989 MINUTES - MOUND CITY COUNCIL - NOVEMBER 28, 1989 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, November 28, 1989, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Steve Smith, Councilmembers Andrea Ah- rens, Liz Jensen, Phyllis Jensen and Skip Johnson. Also present were: City Manager Edward J. Shukle, Jr., Deputy City Clerk Linda Strong, City Attorney Curt Pearson, City Engineer John Cameron, City Building Official Jan Bertrand, Finance Director John Norman, Street Superintendent Geno Hoff, Water and Sewer Su- perintendent Greg Skinner, Fire Chief Don Bryce, and the follow- ing interested citizens: Pat Meisel, Geoff Michael, Gummel Ostvig, Lorraine Painter, Phil and Eva Hasch, Bruce McComb, Marcy Lemmon, Ed Matheson, Don Jerdee, Gene Smith, Greg Knutson, Joanne and Chuck Champine, Wayne H. Smith, Dorothy Davis, Fred Hanley, Tom Latcham, Jim Bedell, Jeff Andersen and Frank Ahrens. The Mayor opened the meeting and welcomed the people in atten- dance. The Pledge of Allegiance was recited. MINUTES MOTION by Ahrens, seconded by Johnson to approve the Minutes of the November 14, 1989 Regular meeting and the Minutes of the Committee of the Whole meeting of November 21, 1989, as submitted. The vote was unanimously in favor. Motion carried. PUBLIC HEARING: DELINOUENT UTILITY BILLS City Manager Ed Shukle stated the revised amount of $2142.58 as delinquent. The Mayor opened the public hearing asking if there was anyone present who wished to be heard regarding this item. There was no response. The Mayor closed the public hearing. Johnson moved and Jessen seconded the following resolution: RESOLUTION 89-146 RESOLUTION TO APPROVE THE DELINQUENT UTILITY BILLS IN THE AMOUNT OF $2142.58, AND AUTHORIZING THE STAFF TO SHUT-OFF WATER SERVICE TO THOSE ACCOUNTS The vote was unanimously in favor. Motion carried. PUBLIC HEARING: PRESENTATION OF 1990 BUDGET City Manager Ed Shukle introduced the 1990 proposed budget to the Council, briefly touching on expenses, revenues and various funds. He explained the state legislature's new tax law, which 175 November 28, 1989 transfers Local Government Aid (LGA) from cities to school dis- tricts. The proposed budget in the General Fund, is only in- creased by 3.8~ over the 1989 budget. Finance Director, John Norman, contributed to the explanation of the budget. The Mayor opened the public hearing on the 1990 proposed budget. The following citizens were heard: Tom Latcham, 4711 Island View Drive; Ed Matheson, 2162 Island View Drive, Phil Hasch, 4804 Northern Road; Greg Knutson, 4701 Island View Drive; Chuck Cham- pine, 1550 Canary Lane. Pat Meisel, Chairperson, of Mound City Days requested $5000 be designated to help fund the fireworks during Mound City Days. Lorraine Painter, representing the Wes- tonka Pool Boosters, requested $6,600 from Mound to help keep the pool at the high school open. Requests for pool funding will also be made to the other cities within the school district. Council consensus was to consider these requests at the December 5, 1989 Special Council, meeting at which time the 1990 proposed budget will be discussed at the continuation of this public hear- ing. MOTION by Jensen, seconded by Johnson, and carried unanim- ously, to close the public hearing on the 1990 proposed budget and to reconvene the public hearing at the Special Council meeting on December 5, 1989. CASE NO. 89-845: RE VEST TO MOVE A HOUSE FROM 3005 BRIGHTON BLVD. TO 4723 CUMBERLAND ROAD FOR BRUCE MC COMB Building Official Jan Bertrand summarized the history of this item. She stated the Planning Commission has found the proposed building to meet all zoning regulations and is of the same general character and appearance as other buildings in the vicinity. The proposed resolution includes all the specifics pertaining to moving this house. Item 8 was to be deleted as the owner intends to build a garage and two off-street parking spaces would not be required. MOTION by Johnson, seconded by Jensen to concur with the Planning Commission to approve the moving of a house from 3004 Brighton Blvd to 4723 Cumberland Road, deleting item #8 of the Resolution. The vote was Ahrens, Jensen, Smith voting no, Jensen and Johnson voting yes. Motion failed. Discussion was held regarding the reconfiguration of the heat/cold ducts. Johnson moved and Jensen seconded the following resolution: RESOLUTION 89-147 RESOLUTION TO APPROVE PLANNING COMMIS- SION RECOMMENDATION TO ALLOW THE MOVING OF A HOUSE FROM 3005 BRIGHTON BLVD, TO 4723 CUMBERLAND ROAD, DELETING ITEM #8, AND TO INCLUDE THE RECONFIGURATION OF 176 November 28, 1989 THE HEAT/COLD DUCT WORK. The vote was unanimously in favor. Motion carried. PLANNING COMMISSION RECOMMENDATION REGARDING AN AMENDMENT TO SEC- TION 300:25 OF THE MOUND CITY CODE RELATING TO THE MOVING OF BUILDINGS Building Official, Jan Bertrand, stated the Planning Commission suggests the need for the house moving ordinance to be amended to require public hearings, and processed as a Conditional Use Per- mit. MOTION by Jensen, seconded by Ahrens and carried unanimously to direct the City Attorney to prepare an amendment to City Code Section 300:25 relating to the moving of buildings, Subd. 3., to include public hearings. CONSIDERATION OF A ZONING MODIFICATION TO ALLOW STORAGE OF PUBLIC WORKS MATERIALS AT THE EAST AND WEST SIDES OF CITY HALL Jan Bertrand reviewed the City Planner's report addressing two issues: 1. Provide a recommendation to the City Council on the possibility of establishing outdoor storage areas to the east and west of the city hall building. 2. Regardless of the Commission's recommendation in item #1, provide a recommended zoning modification to accom- modate the outdoor storage at the city hall site. The recommendations for issue #1 are: 1. The proposed use is inconsistent with city hall and the surrounding wetland environment at Lost Lake due to the inability of the sites to adequately handle on-site storm drainage retention. 2. Both sites (and particularly the western site) are in- herently unsuitable for the proposed use due to topog- raphy and tree cover. 3. The cost of improvements to establish the two areas is not justifiable since three other sites including Lost Lake will still be needed to accommodate public works storage. Issue #2 would require the rezoning of the current R-1 district to a B-1 district and then modifying the B-1 requirements to handle the storage of publicly owned outdoor materials. The recommendation being: 177 November 28, 1989 Staff recommends that the Planning Commission find that if the City Council eventually finds that no other reasonable alternative to the city hall site exists for public works storage, the B-1 zoning district should be modified to-allow "publicly owned materials storage areas" as a conditional use. Performance standards should also be developed to min- imize the impact on the surrounding properties and the natural environment. Council discussed this issue. MOTION by Johnson, seconded by Smith to send item back to the Planning Commission to develop performance standards for the B-1 district as it relates to publicly owned outdoor storage and to allow its use. Motion carried 4-1, Jessen voting nay. MOTION by Jessen, seconded by Jensen to exclude from con- sideration both the east and west sites by city hall accord- ing to the recommendations given by the Planner. The vote was Jessen and Jensen, yes; Smith, Ahrens and Johnson, no. Motion failed. MOTION by Johnson, seconded by Ahrens and carried unanim- ously to eliminate the site on the west side of city hall from consideration as a storage area for public works out- door materials. COMMENTS AND SIIGGESTIONS FROM CITIZENS PRESENT The Mayor invited citizens in attendance to address the Council. No one came forth. REQUEST FROM WES OLSEN. 2539 EMERALD DRIVE, TO EXTEND RESOLUTION #88-179 Council discussed this item with emphasis that Mr. Olsen was aware of the variance problem with his garage. The variance was to be filed on the property. Removal or relocation of non- conforming garage was clearly stipulated in the original resolu- tion. Mr. Olsen was not in attendance. MOTION by Smith, seconded by Ahrens to table this item until Mr. Olsen could clarify his recent extension request. The vote was Smith and Ahrens, yes; Jessen, Jensen and Johnson, no. Motion failed. Jensen moved and Johnson seconded the following resolution: RESOLUTION 89-148 RESOLUTION DENYING THE EXTENSION OF RESOLUTION #88-179, WES OLSEN, 2539 EMERALD DRIVE. 178 November 28, 1989 The vote was Jensen, Jessen and Johnson, yes; Smith and Ahrens, no. The motion carried. APPROVAL OF AN ORDINANCE AMENDING SECTION 437:15 OF THE MOUND CITY CODE RELATING TO DOCK DESIGN STANDARDS Council had questions as to the 72" x 72" section now allowed on L, T, or U docks. MOTION by Jessen, seconded by Ahrens and carried unanimously to table this item until the December 12, 1989 regular meet- ing when explanation can be obtained from the dock inspec- tor. Tom Latcham, 4711 Island View Drive asked Council questions as to the commons dock program. Council suggested he attend the Parks Commission meetings, as they are the advisory commission to the Council on the commons docks program. APPROVAL OF 1990 DOCK PERMIT APPLICATION FORMS AND FEES Council discussed this item. Johnson moved and Jessen seconded the following resolution: RESOLUTION 89-149 RESOLUTION TO APPROVE THE 1990 DOCK FEES AS RECOMMENDED BY THE PARR COMMISSION The vote was unanimously in favor. Motion carried. City Manager Ed Shukle explained that the dock inspector had mail d certified notices to Mr. McMasters to clean up the area arou d his commons dock. Mr. McMasters did not do so, nor did he resp nd to the dock inspectors letters. Councilmember Jessen stat d that he did not attend Park Commission meetings regarding this issue, and that he had been notified of the meetings. Mr. McMa ters stated he did not receive any notices, nor did he in- tend to apply for a dock permit in the future. MOTION by Johnson, seconded by Jensen and carried unanim- ously to table this item until the next regular meeting when information could be obtained on this item from the dock in- spector.. s.uvv va.ava. sarraw~iaw ra~eaiw rvA iLJJi~L\S1r11~ ~.va,ra~as rAVVG~l aw. v~~v STOP IGHT AT COMMERCE BLVD AND LYNWOOD BLVD. City Engineer John Cameron stated the County prepared this reso ution and it was done so with the assumption that MSA funds 179 November 28, 1989 would be used on this project. Contents of paragraph 2 can be amended to read "...for the prohibition of on-street parking as per current conditions on those portions..." Jensen moved and Johnson seconded the following resolution: RESOLUTION 89-150 RESOLUTION APPROVING THE PLANS FOR HEN- NEPIN COUNTY PROJECT #8926, STOPLIGHT INSTALLATION AT THE INTERSECTIONS OF COMMERCE BLVD., AND LYNWOOD BLVD. The vote was unanimously in favor. Motion carried. RESOLUTION APPROVING THE CALL OF 1972 IMPROVEMENT BONDB, A PART OF CAPITAL IMPROVEMENT DEBT SERVICE FUND Finance Director John Norman informed the Council that a 30 day notice was needed to make available these funds in 1990, or if they do not file notice, the funds would become available in 1993. Jessen moved and Jensen seconded the following resolution: RESOLUTION 89-152 RESOLUTION CALLING FOR REDEMPTION OF OUTSTANDING BONDS OF THE $115,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1972 ISSUE The vote was unanimously in favor. Motion carried. CANCELLATION OF THE DECEMBER 26. 1989 REGULAR COUNCIL MEETING MOTION by Johnson, seconded by Jensen and carried unanim- ously to cancel the December 26, 1989 regular council meet- ing. This item will be published in the Laker. RESOLUTION: ~~CITIES FIGHT BACK AGAINST DRUGS WEER" Council discussed this item. Councilmember Jensen indicated a change for the 5th Whereas, paragraph to read " ..and lead to a host of problems such as homicides; robberies, burglaries, domes- tic violence and other crimes; and... Smith moved and Ahrens seconded the following resolution: RESOLUTION 89-151 RESOLUTION DECLARING DECEMBER 3 - 9 AS "CITIES FIGHT BACK AGAINST DRUGS WEEK" The vote was unanimously in favor. Motion carried. 180 November 28, 1989 APPOINTMENT OF BEN MARKS TO THE ECONOMIC DEVELOPMENT COMMISSION City Manager Ed Shukle indicated the Economic Development Commis- sion had interviewed the candidates for the vacancy on the EDC. Their recommendation to the Council is to appoint Ben Marks to the Commission. Johnson moved and Jensen seconded the following resolution: RESOLUTION 89-153 RESOLUTION APPOINTING BEN MARKS TO FILL THE VACANCY ON THE ECONOMIC DEVELOPMENT COMMISSION. TERM EXPIRES 12-31-91. The vote was unanimously in favor. Motion carried. PAYMENT OF BILLS MOTION by Jensen, seconded by Johnson to authorize the pay- ment of bills as presented in the amount of $127,448.49, when funds are available. The vote was unanimously in favor. Motion carried. ADD-ON ITEMS WEST HENNEPIN HUMAN SERVICES PLANNING BOARD AGREEMENT City Manager Ed Shukle asked Council to approve the sub-grantee agreement for the Community Energy Program between the City of Mound, Spring Park, Wayzata and the West Hennepin Human Service Planning Board. Jessen moved and Jensen seconded the following resolution: RESOLUTION #89-154 RESOLUTION TO APPROVE THE SUB-GRANTEE AGREEMENT WITH WEST HENNEPIN HUMAN SERV- ICES PLANNING BOARD FOR THE COMMUNITY ENERGY PROGRAM The vote was unanimously in favor. Motion carried. RECOGNITLON_OF FRANK LIVINGSTON HONORING HIS 100TH BIRTHDAY Mayor Smith read the resolution recognizing the 100th birthday of Mound resident Frank Livingston. Smith moved and Johnson seconded the following resolution: RESOLUTION 89-155 RESOLUTION CONGRATULATING FRANK LIVINGSTON ON HIS ONE HUNDREDTH BIRTHDAY The vote was unanimously in favor. Motion carried. The City will contact Mr. Livingston to present the document to him. 181 November 28, 1989 LION'S DONATE TO MOUND CANINE PROGRAM City Manager Ed Shukle stated the Northwest Tonka Lions has donated $3500 to restart the Mound Police Canine Program. Also, they have pledged $1000 per year towards the maintenance of the program. RESOLUTION DIRECTING CITY MANAGER TO SEER REOUEST FOR PROPOSALS TO PERFORM AN ECONOMIC DEVELOPMENT PLANNING STUDY WITH THE USE OF YEAR XIV COMMUNITY BLOCK GRANT FUNDS City Manager Ed Shukle stated the City began the process of up- dating the Comprehensive Plan and the Planning Commission, which is overseeing this project has determined the need for additional information regarding the development of the downtown Mound area. Jensen moved and Jensen seconded the following resolution: RESOLUTION 89-156 DIRECTING THE CITY MANAGER TO SEER REQUEST FOR PROPOSALS (RFP) TO PERFORM AN ECONOMIC DEVELOPMENT PLANNING STUDY WITH THE IISE OF YEAR XIV COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS The vote was unanimously in favor. Motion carried. LMCD INFORMATION City Manager Ed Shukle stated there was information passed out regarding the LMCD meetings on December 2, 1989. INFORMATION/MISCELLANEOUS A. October 1989 Financial Report as prepared by John Norman, Finance Director. B. Letter to Geno Hoff from the Mound Farmer's Market and Com- munity Services regarding Geno's cooperation on installing the Farmer's Market Sign downtown. C. Park Commission Minutes of November 9, 1989 D. Planning Commission Minutes of November 13, 1989 E. Economic Development Commission Minutes of November 16, 1989 MOTION by Ahrens, seconded by Johnson to adjourn the meeting at 12:15 AM. The vote was unanimously carried. Meeting ad- journed. ~. Li da Strong, Depu Clerk wa k ., ity Ma er