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1995-03-28March 28, 1995 MINUTES - MOUND CITY COUNCIL - MARCH 28, 1995 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, March 28, 1995, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Bob Polston, Councilmembers Mark Hanus, and Liz Jensen. Councilmembers Andrea Ahrens and Phyllis Jessen were absent and excused, Al~o pre~nt were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, Building Official Jon Sutherland, Planner Bruce Chamberlain, and the following interested citizens: Jon& Jusrine Goode, Dave Schmidt, Tom & Kathy Latcham, Ray Salazar, Donald & Geraldine Swenson. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. The City Clerk submitted a replacement page for 979 with corrected rifles to three resolutions. The Council accepted the page. Councilmember Jensen questioned page 1 of the March 21, 1995, COW Minutes regarding the make-up of the Commons Dock Task Force. That part of the minutes reads as follows:" .... Discussion then focused on the number of persons that could serve on the task force, the number suggested was twelve, with five abutters that have shared docks, three abutters who do not share docks, three non abutters and one person at large." After discussion the Council changed the wording to:" ...... , the number suggested was twelve, with five abutters who have docks other than their own in front of their property; three abutters who have only their dock in front of their property; and three non abutters and one person at large." MOTION made by Jensen, seconded by Hanus to approve the Minutes of the March 14, 1995, Regular Meeting and the March 21, 1995 Conunittee of the Whole Meeting, as amended. The vote was unanimously in favor. Motion carried. 1.1 CASE #95-08: JONA .THAN & JUSTINE CA)ODE, 5116 EDGEWATER DRIVE, L.P. CREVIERS ..... LOT 2, BLOCK 1, PID #13-117-24 42 0002, VARIANCE FQR SECOND STORY ADDITION. The Council asked that the condition that the Planning Commission requested, be inserted into the proposed resolution. It would read as follows: "7. Water towage from the roof be contained within the site, to the satisfaction of the City Staff." The applicant agreed with the condition. Hanus moved and Jensen seconded the following resolution: 158 March 28, 1995 RESOLUTION ~95-34 RF3OLUTION TO APPROVE A VARIANCE FOR A SECOND STORY ADDITION AT 5116 EDGEWATER DRIVE, LOT 2, BLOCK 1, "L.P. CREVIER'S SUBDIVISION OF PART OF LOT 3§, LAFAYETTE PARK", AND THAT PART OF VACATED LAKE BOULEVARD, PI/)//13-117-24 42 0002, P & Z CASE //95-08 The vote was unanimously in favor. Motion carried. 1.2 CASE g95-10: TOM & KATHy LATCHAM, 4711 ISLAND VIEW DR., LOT 3, BLOCK 7, DEVON, PID //30-117-23 22 0051, VARIANCE FOR DECK & PORCH. Jensen moved and Hanus seconded the following resolution: RESOLUTION//95-35 RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE EXISTING NONCONFORMING SETBACKS TO CONSTRUCTION A CONFORMING DECK AND PORCH AT 4711 ISLAND VIEW DRIVE, LOT 3, BLOCK 7, DEVON, PID//30-117-23 22 0051, P & Z CASE//95-10 The vote was unanimously in favor. Motion carded. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. There were none. 1.3 APPOINTMENTS TO FILL UNEXPIRED TERMS ON MOUND HOUSING AND REDEVELOPMENT AUTHORITY (HRA). The City Manager reported that the following two persons have been interviewed by the City Council to fill two vacancies on the HRA: James H. Baer, term to expire 8/96 and Donna Christensen, term to expire 8/97. Jensen moved and Hanus seconded the following resolution: RESOLUTION g95-36 RESOLUTION APPOINTING JAMES BAER AND DONNA CHRISTENSEN TO FILL VACANCIES ON THE MOUND HOUSING AND REDEVELOPMENT AUTHORITY The vote was unanimously in favor. Motion carded. 159 March 28, 1995 1.4 RESOLUTION ESTABLISHING A TASK FORCE QN COMMONS DOCKS. The City Manager related the background on the item. Councilmember Jensen stated that since the last COW Meeting, she is not comfortable with how the Council is distributing the representation on the Task Force. She stated there are 517 people using the Dock Program, and 179 of those users abut Commons land, 11 abutters share a dock. There are 190 people abutting Commons that are participating in the program, which leaves 327 people who use the program but do not abut Commons. 37% of the users of the program abut the Commons and 63 % of them do not abut and the way the distribution is on the Task Force would be 42% for abutting users of the program which she did not think was a proper representation on the Task Force. She stated that the Council needs to make sure that people are fairly represented and she does not feel they have done that. Councilmember Hanus stated that he thought the numbers chosen at the COW Meeting were Councilmember Jensen's numbers. Councilmember Jensen stated that a lot of numbers were discussed and the numbers chosen were to satisfy others in the room, based on what other people in the room were willing to live with. They were not based on knowing there are 517 users of the program and 63 % of them do not abut Commons. That was a detail the Council did not have at the COW Meeting. Councilmember Hanus questioned how many docks are actually used. No one had that answer. He stated that it is his understanding that a lot of the 446 total docks are not used or are unusable. Councilmember Jensen stated she does not have unused or unusable figures. Councilmember Jensen stated she is still struggling with what ill we are trying to correct. She stated that putting that aside, if this is use of Commons then you need to look at abutting people who use the Commons, non-abutting people who use the Commons and a whole lot of people who own the Commons but do not use it at all, and they only have one person representing them on the Task Force as it is currently laid out. Councilmember Hanus stated that he has a concern for everyone's interest in the system. He stated he would like to include the Commons itself as a point of discussion or the possibility of discussion for the group. However the primary focus of discussion is going to be the Dock Program itself, and those that do not use a dock, don't fund the program and if we are only affecting docks and they don't use a dock, what is their interest in docks? Councilmember Jensen stated that as long as that is where the focus is, then she understood where he was coming from. Councilmember Hanus stated that is where he sees the focus. Councilmember Hanus then asked to add some language to the proposed resolution to include the Commons because there are issues such as the use plan, classifications (how rules may or may not be applied to different classifications) which may come up in discussion. So because of those potential intertwining regulations and/or problems, he wanted to be careful not to preclude the Commons as a possibility of discussion. He further stated that he sees most of the problems that will be discussed are relative to the Dock Program itself. He stated he is not looking to take anything'away from anybody. He stated he questions how much concern people have about how the Dock Program may be administered if'they are not using the program and are not funding it. 160 March 28, 1995 C0uncilmember Jensen Shared the f0110wing'th0ughts: "The City of Mound owns 4 miles, plus or minus, of lakeshore. In years gone past, there was a scramble at ice out for people to put in a dock' and. over time as the population grew and as certain locations became more contested for dock sites, it became a problem. So the citizens of the community gathered together and found a way to bring peace to the program and bring some fairness to the program. -So we have a program of putting private docks on public land." "The City of Mound owns 4 miles, plus or minus, of lakeShore and we, as a community, can do just about anything, within reason; that-we want to do with the land. Right now we are using this land to provide .dock sites fo.r people who would not otherwise have dock sites'. So we are in the business of providing dock sites and if we want to get some feel for how our customers are' responding to the service we are providing to them, that is one thing. If we are going to talk about administration of this part of the public lands ~that the City owns, that is another thing. So the people who fund it are the customers for that service and if we want to find out how they are perceiving the product or service that we are offering to them, that is all well ahd good. Administration of the public lands may be something that should be-looked at separately. Again, I'm not sure what the ill is we are trying to correct. If there is a problem with the Dock Program, then we can certainly get people who use it, in those different categories, together to discuss what that proble.m is and bring that customer feedback to us. If it is something'other than that, then we may have to open it up to other people because iris the public's land'and they do have a right to say what happens to their land." Councilmember Hanus; "That's correct. But just so it's clearly understood, this body that we are looking at forming is not a deciding bOdy of any kind. What I am fishing for is ideas. -I perceive this as an idea group of people that are going to start kicking back ideas to us. The votes that they take and the recommendations that they make are all well and good, but just as important is the minutes and what is kicked around. Particularly if an item is pertaining to the Commons, but probably Commons or Docks either one, I would SUspect that procedure would be to take those recommendations through the Park Commission and then to the Council. Through all of those bodies there is all kinds of opportunity for the public at large to provide input. I am looking for this core group to be idea people who have problems. That's the group of people I am trying to get ideas from. Once we identify what those problems are and get some recommendations, then we can start getting input and start trying to piece some improvements together. That's what is going on in my mind." Councilmember lensen: "Reacting to your statement that you want to get ideas. I think that's commendable, but then you focus it down to people with problems. So do you want ideas or do you want people to come in to grind an axe. If you are looking for ideas, then why not open this up to a broader body." 161 March 28, 1995 Mayor Polston: - ~My understanding of what was discussed at the COW Meeting was that we, in fact were going to revisit something, system or program, that was started some 20 years ago and invite a Task Force to look at, not only problems, but other aspects of the program and to get feedback from them, as our customers..The main thrust being to have. the Task Force look at and evaluate and make recommendations to the Park Commission and at a public hearing with the City Council if there were changes that were going to be made. I didn't understand or feel that there were any limitations of what the Task Force could address, if they so choose to do so. My original recommendation was that 2 members of the body be people at large from the City. The rest of the Councilmembers, that were there, felt it should be restricted to people who were participating in the dock program. I don't have a problem with that because there will be an evaluation by the Park Commission and then a public hearing at the City Council, prior to any action to change anything. With just cleaning up the resolution to reflect what was decided at the COW Meeting, I would like to move ahead." Councilmember Hanus agreed. Councilmember Jensen: "I am still hung up on the distribution of the numbers. The original numbers that we talked about at the COW Meeting for the Task Force were 4, 6 &' 2. That was 4 who abutted, 6 who did not abut, and 2 at large. Those were the original numbers that were kicked around and around until everybody was happy. The decision in the minutes of 5, 3, 3, and 1 - and 5 people who have docks in front of their abutting properties are 42% of the 12 member Task Force, but they are only 37% of the whole (all users of the program). 63 % of the users of the program do not abut the lands we are talking about, yet they only represent 25% of the Task Force. I just don't think that is a fair distribution or representation on the Task Force. I haven't cranked out the percentages on the 4, 6 and 2 but I know those were the first numbers we looked at and one Councilmember thought it should be 6, 4 and 2 (6 being abutters, 4 non abutters and 2 at large). I'm willing to go back to the 4, 6, and 2, at least it is a little better representation, in terms of usage." Councilmember Hanus: ~Here we go back'to the same argument as before, the seriousness of the problems, the magnitude of the problems, these different groups face and I think the most serious problems that people face are the ones that abut that have other people's docks in front of their property and there is actual trespassing on. their property to access docks and things of that sort. That's probably the most serious type of problem, as well as the littering, etc. The problems such as, the type of mailings you get and that kind of thing are far more minor. That type of problem is experience by everybody who uses'docks." Councilmember Jensen:' ... "You're looking for a gwup to generate ideas and I don't think we want to set up a group that could 'put 63 % of the users of the program in an Under-represented position where we are trying to generate ideas. So if we are going to be looking at discussion 162 March 28, 1995 and mint~tes of discussion zather than recommendations, we get that wi~ a group that represents the users of the program.. Even with 2 people at large, the owners of the program could be considered under-represented, but they are potential users of the program who could generate ideas on what could be done with this land, that we wouldn't get without them being there." Councilmember Hanus: "My biggest problem with that comment is you rarely get ideas from people who do not have a problem with something. You. don't get corrective ideas for a problem from people who don't have a problem:',' Councilmember Jensen: "I'm still trying to find the illness we are trying to fix." Councilmember Hanus: "Part of that's still trying to be identified too. That's part of their task is to identify, what those problems are." Mayor Polston: "We are having the same problem that we had at the COW Meeting, where we seesawed back and forth on numbers and make-up and I really thought we had arrived at a breakdown of the Task Force and everybody felt it was equitable at the time. In lieu of the fact that one of the members of the Council is not here and left with the understanding that we had reached a consensus, I will make a motion to adopt the resolution with the 5, 3, 3, and 1 numbers, and any other changes that the Council would like." Polston moved and Hanus seconded the following resolution: RF~OLUTION//95-37 RESOLUTION ESTABLISHING A TASK FORCE ON TIlE COMMONS DOCK PROGRAM Councilmember Jensen: can't support that motion." Councilmember Hanus offered a friendly amendment. The first "WHEREAS, the City of Mound operates a municipal dock program known as the Commons Dock Program that is o_aerated u_n~n public pro_uerty designated as Conun0ns, and". Councilmember Jensen: "That is inaccurate. The Commons Dock Program utilizes other sites that are not .Commons. ' 163 March 28, 1995 Councilmember Hanus: ''Where I'm trying to go with this thing is, I'm trying to also get under the first; ,Be it further resolved, that the direction of the task force is to review the level of frustration with the Dock Program and related Commons 'pro_nerties and develop 'recommendations on how the program can be. imProved.' I want to add that as a POssible discussion item, not that it will be but it could be and I don't want to preclude the group from being able to discuss that. Because the problems are intertwined and the rules may apply differently to one area than another and · it limits the kinds of suggestions they may be able to make.' As far as the point on the first Whereas, that doesn't have to be there, it was just to support what I just said.'' Mayor Polston: ''I couldn't accept the Whereas change, but I can accept the second change as a friendly amendment.'' The Mayor asked for any further discussion. Councilmember Jensen: ''I still think that we have got misrepresentation and particularly have made that misrepresentation worse by including Commons related properties, because now you indeed have 37 % of the people representing 42 % of the Task Force. 63 % of the users of the Dock Program do not abut Commons, and they represent 25 % of the Task Force." Councilmember Hanus: ''What if this group were talking about, i.e. applying a different set of rules to a different classification of Commons because it may make more sense (maybe you can do something on one type of Commons that you can't do on another). That may affect the Commons properties as to their designation. There may a recommendation from them, (because of problems in a particular area) to redesignate a certain section of Commons. If you don't have that in here, technically I don't think they can make that recommendation because they are not allowed to talk about the Commons property." Councilmember Jensen: ''Well, your intent then, with this resolution and what you've done by including this, and I'm obviously in the minority here, you've already changed a resolution that we said earlier all 4 of us had agreed to, and now we've changed that part, but that's O.K. to mOVe forward on. But when we find out that the numbers that we reached on Tuesday (COW Meeting), result in such a lopsided representation, that it's still O.K. to move on that. Regardless of what they do or don't talk about, or whether you do or don't include that, the representation aspect of this 164 March 28, 1995 Task Force is still skewed. 37% of the users of the program, represent 42% of the Task Force." Councilmember Hanus: "If that were a determining body, I'd 'say it's skewed." . Councilmember Jensen: "The redommendations have the potential to be skewed. Their discussion has a potential to be skewed." Council/nember Hanus: "But the people who make-the determination have the ability to get (will have to get) regular public input and theoretically .they are not skewed, the elected officials or appointed officials, on the .Park Commission. That's not skewed. That's supposed to be fair representation. There is no determination being made by .this group. I'm looking for ideas and you're not.going to get ideas from people who don't have a problem with a program." Councilmember Jensen: "But, might you get ideas from these people about how else the program could be used and you've excluded them from even being a part of the idea generation? So you're looking for ideas and you've made it clear that the ideas that you want are from 379[ of the users. Your idea generation body doesn't represent the tx~ople in the 6ommunity. We don't need to go into whether or not the Park Commission is representative. Those people are appointed for a variety of reasons." Mayor Polston: ~We went around and around for several hours on the fine points of this thing. I think the important thing is that we are going to revisit a system and invite public participation through a Task Force, then through the Park Commission and then though a public hearing at the City Council. I think we will. provide everybody that wants to an opportunity, to be heard and to listen and to make decisions based upon the ideas that are brought forth by the public at large.'' Councilmember Jensen: "If, indeed, that's way this thing is going to go, then the folks who are here and the folks who are watching, need to be aware of the fact that we have this skewed Task Force that is going to be put in place and we need to do an outstanding job of getting information out to the rest of the people as to when that Task Force is going to be meeting so that they can get their input to those 12 people, as well as well as when the Park Commission is going to be meeting and when this body 165 March 28, 1995 is going to'be discussing it." · Mayor Polston agreed. Councilmember Jensen: "The Task Force meetings have to be public meetings. They have to be consistent at a time when other people can get to them becaUse otherwise it's just not going to work because it is still skewed. Floating locations, floating times and floating days don't make it.' Councilmember Hanus: "We did discuss this and agreed that the meeting will have to take place at City Hall, and I would imagine they will be in the evening. We also agreed that City Staff will attend and minutes will be kept. All of those things have been agreed to already." Mayor Polston: "I absolutely agree that we should make an all out effort to make sure that everybody who wants to be heard or participate has an opportunity." The Council then changed the wording in the resolution regarding the make-up of the Task Force to read as follows: 5 persons - abutters who have docks other than their own in front of their homes; 3 persons - abutters who have only their docks in front of their homes; 3 persons - non abutting; and 1 person - at large. The vote was 2 in favor with Jensen voting nay. Motion carded. 1.5 UPDATE ON LOST LAKE DREDGING PROJECT - BRUCE CHAMBERLAIN, ECONOMIC DEVELOPMENT COORDINATOR. City Planner Bruce Chamberlain updated the Council on the Lost Lake Dredging Project and reviewed his memo dated March 28, 1995. The following work (Round 1) has' been accomplished to date: 2. 3. 4. 5. Understanding of permits and environmental reviews. Collection of site data. Biological survey. Pollution and geotechnical testing. Audit°r's Road street alignment. 166 March 28, 1995 The next phase of work focuses on the preparation of preliminary construction plans, permits and environmental reviews as well as resolving property' acquisition and business relocation issues. More detailed project plans will be presented to the community during this time. The Planner stated they are planning an. open house sometime in the Spring. He asked the Council to share any ideas they may have on how to present this project creatively to the community. The Mayor asked about MSA bonding capacity and capability that w~is discussed at the COW Meeting..The City Manager stated that th~ City can borrow against future MSA construction allotments, but you cannot borrow more than what the annual principal and interest payment would be on the bonds. The amount will depend on how much is gfing to be borrowed, what the interest rates will be and how the sch6dule is set up as far as the principal and interest payments. The City Engineer explain, ed that the dollar limit is based on the payment, so the maximum you can pay back is half of what your yearly MSA construction allotment is, which is currently $157,000, or roughly $78,000. He stated he does not know what the going interest rate is at this time, but if you took $600,000, it would take about 8 years to pay back at approximately $80,000 per year. The Mayor asked the City Attorney's opinion. The City Attorney stated he has not looked at the statute but thought it was fled to the City's construction and maintenance accounts. The City Engineer reminded the Council that all the items have to be State Aid eligible. In other words, this has to be a State Aid approved project and everything has to be eligible. He stated there are some things in the project which are not eligible. Anything not eligible would have to be paid for from City funds, not bonding money. The City Engineer suggested the Council get some projections on what the bond payments would be with interest. The Mayor asked for an opinion from the City Attorney on the ability to borrow against State Aid money, using the $2 million as a worst case scenario, where the City might have to go to the bonding. The City Engineer stated he can give the Council a list of the items that are not eligible for State Aid, but they are making drastic changes in what is eligible, making things more eligible. The Mayor stated that he feels the consensus of the Council is that before they go into the next phase, they have all the necessary answers, financial and legal. The City Attorney asked if Auditor's Road is on the State Aid System at this time. The Engineer answered yes, but you still have to get the right-of-way plan approved which hasn't even been sent in yet. Before you can buy right-of-way, you have to have construction plans approved. The Mayor asked how close the City is to having plans and specifications approved. The City Engineer stated they are not working on the construction plans, just the right-of-way plans. The Council has to approve the right-of-way plan before it is submitted. The City Manager explained that the right-of-way plans will come to the Council for approval in the near future, along with the answers to the other questions the Council had. The Manager stated he is trying to set up a meeting with Hennepin County about getting this on their five year Capital Improvement Program. 167 March 28, 1995 There was discussion on relocating County Road 15. The City Engineer explained that the Auditor's Road project is not dependent on the relocation of County Road 15. The County Road 15 relocation is somewhere in the future and the right-of-way plan would, be shown with the new location of County Road 15, but the construction plans will show a temporary connection to the current location of County Road 15 that goes through the parking lot next to the Post Office. The Council asked that the whole package be presented at a future meeting, i.e. financial, project, bonding, use of MSA funds, and results of the meeting with Hennepin County. The Planner then presented the concept plan for the Lost Lake Greenway for which the City has submitted an application for another ISTEA grant in addition to the Lost Lake Canal grant already approved. The amount of the Lost Lake Greenway grant would be about $400,000. In this plan, Auditor's Road would become the Main Street of Mound with on-street diagonal parking. There would be a greenway or trail that would go along the lake from County Road 110 to the docking facility. The Planner will keep the Council updated. The next two items were taken off the Agenda because they require 4/5 approval by the City Council and there were only 3 members present at this meeting. 1.6 APPLICATIQN FOR PUBLIC LAND PERMITS, #41110, RAY SALAZAR; REQUEST TO TRIM VEGETATION. This item was postponed until the April 25, 1995, Regular Meeting at the applicant's request. 1.7 APPLICATION FOR PUBLIC LAND PERMITS, #49520, DONALD AND GERALDINE SWENSON: REQUEST TO TRIM VEGETATION. This item was postponed until the April 11, 1995, Regular Meeting at the applicant's request. 1.8 APPROVE AND AUTHORIZE THE MAYOR AND CITY MANAGER TO SIGN EASEMENTS RELATING TO THE PURCHASE OF PARKING LOT LANDS (DAKOTA RAIL) WITH. METROPOLITAN COUNCIL WASTEWATER SERVICES. The City Manager explained that since the Dakota Rail settlement, the City Attorney has negotiated the easements that were pertaining to the parking lots (across from the House of Moy and next to the attorney's offices)'. These are sewer easements that the City needs to grant to the Metropolitan Council for the interceptor that runs through these parking lots. The City will be paid $45,000 for these easements. MOTION made by Jensen, seconded by Hanus to authorize the Mayor and City Manager to execute the easements to the Metropolitan CoUncil and the City will receive $45,000 for these sewer easements. The vote was unanimously in favor. Motion carried. 168 March 28, 1995 L9 MOTION made' by Jensen, seconded by Hanus to authorize the payment of bills as presented on the pre-list in the amount of $162,601.24, when funds are available. A roll call vote was unanimously in favor. Motion carried. INFORMATIONAL/MISCELLANEOUS A. February 1995 Financial Report as prepared by Gino Businaro, Finance Director. B. Park and Open Space Commission Minutes of March 9, 1995. C. LMCD Mailings. D. REMINDER: Interview with Donna Christensen HRA Candidate, Tuesday, March 28, 1995, 7:15 PM, City Hall, prior to regular meeting. E. Minutes of the Planning Commission Meeting of March 13, 1995. MOTION made by Hanus, seconded by Jensen to adjourn at 9:00 P.M. The vote was unanimously in favor. Motion carried. ~:lward J. Shulc~-~., City Manager Attest: City Clerk 169 BILLS, March 28, 1995 Batch 5032 $162,601.24 Total Bills $162,601.24