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1995-10-10Minutes - Mound City Council October 10, 1995 MINUTES- MOUND CITY COUNCIL- OCTOBER 10, 1995 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, October 10, 1995, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Persons in attendance: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz Jensen and Phyllis Jessen. Also present: City Attorney Curt Pearson, Building Official Jon Sutherland, City Manager Ed Shukle, Acting City Clerk Linda Strong and the following interested citizens: Vincent Forystek, Skip Johnson, Bob Bittle, Jim Reinholdz and Wende Brady. The Mayor opened the meeting and welcomed those in attendance. The Pledge of Allegiance was recited. Mayor Polston stated there were several add on items to the agenda and the sequence would not follow the pre meeting agenda. 1.1 Approve the Minutes of the September 26, 1995 Regular Meeting. MOTION by Hanus, seconded by Jensen, and carried unanimously, to approve the Minutes of the September 26, 1995 Regular City Council meeting. 1.2 Winterfest 1996 Bob Bittle of the Northwest Tonka Lions approached the Council. He stated plans were under way for the second Winterfest to be held at Mound Bay Park on January 13 &14, 1996. Events will include sanctioned dog sled races, softball, under ice diving, refreshment tent. Proceeds will be divided between the Diabetes Association and the Lions Park being built in Minnetrista. 1.3 Request to Address the City Council - "Yes Westonka" Committee Jim Reinholdz of the "Yes Westonka" Committee spoke with the Council, giving them information regarding the upcoming referendum vote on November 7th. He encouraged the Council's support. 1.4 Request to Address the City Council - Vincent Forystek re: 3137 Inverness Lane (Note: Information on this issue was transmitted to you in the 9-12-95 packet, and is included again in this packet) Vincent Forystek approached the Council. He was unhappy with the results he received from Hennepin County when he appealed the County Assessor's decision with the evaluation he received on parcels of his property located within Mound. He had asked the County questions and the County had not answered these. The Council listened, and suggested that he go the next step, as is the process, to appeal this at 486 Minutes - Mound City Council October 10, 1995 tax court, He felt the assessor was out of line in his actions, He was told the County Commissioners hire the assessors and to contact his commissioner Penny Steele. 1.5 ResoJufion to Approve a Variance to Recognize an Existing Nonconforming Side Yard Setback to Allow Construction of a Conforming Detached Garage at 2174 Centerview Lane, Abraham Lincoln Addition to Lakeside Park, Wende Brady. Building Official Jon Sutherland informed the Council stating that this item was unanimously approved at the Planning Commission the night before and would like the Council to approve this tonight so the applicant could construct the garage yet this fall. Discussion regarded the development of a drainage plan as a condition. The applicant agreed. Councilmember Jessen moved and Councilmember Ahrens seconded the following resolution: RESOLUTION #95-105 RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE AN EXISTING NONCONFORMING SIDE YARD SETBACK TO ALLOW CONSTRUCTION OF A CONFORMING DETACHED GARAGE AT 2174 CENTERVIEW LANE, LOTS 11 & 28, BLOCK 7, ABRAHAM LINCOLN ADDITION TO LAKESIDE PARK, PID 13-117-24 31 0055, P&Z #95-47. The vote was unanimously in favor. Motion carried. 1.6 Resolution Denying a Variance Request to Recognize an Existing Nonconforming Detached Garage to allow Construction of a conforming Deck at 6200 Red Oak Road, Robert Thompson. Councilmember Hanus moved and Councilmember Ahrens seconded the following resolution: RESOLUTION #95-106 RESOLUTION DENYING A VARIANCE REQUEST TO RECOGNIZE AN EXISTING NONCONFORMING DETACHED GARAGE TO ALLOW CONSTRUCTION OF A CONFORMING DECK AT 6200 RED OAK ROAD, LOT 1, BLOCK 1, MOUND TERRACE, PID 14-117-24 32 0001, P&Z #95-38. The vote was unanimously in favor. Motion to deny carried. 1.7 Comments and Suggestions from Citizens Present. Skip Johnson, 3018 Island View Drive, Mound, and past Mayor of Mound, spoke with the Council regarding the Quantitative Survey that was mailed to various residents of Mound by the Commons Task Force. He had received several calls from citizens with 487 Minutes - Mound City Council October 10, 1995 questions. He had some comments about the survey to share with the Council and the Task Force: Information about the dock program should have been included in the surveys to the citizens at large - some may have no idea what it is about. The first question should have another choice, "Not aware of program" Questions #2 & #3 request the higher number be circled for the item "most important" and question #5 requests the lower number be circled for the "most important." Question #3 should have had the person rank the most important item with the highest number being 6, (because there are 6 statements to rank) then the next most important being 5, next 4, next 3, next 2, last 1. The total (if needed) would be 21. There would be no need for a total, analysis could be gathered by listing all survey statements by highest to lowest number. This would have given you the person's rank of importance on each item presented to them. Doing it the way it was done, may have the person showing the most important item to them being at a 5, then all of the rest has to be a 1. This would not show a true rank of the other five items. Question #4 - Most people do not realize where the opportunities to do these activities exist. Are they on the commons or parks? Example: Avalon Park is a park but under the definition of commons; Brighton Common is a very large commons, but not a park; Centerview is a commons, beach, pier and park. Question #5 should list the fees, you ask them if the fee structure is reasonable, but you do not tell them what they are. The answers may not be true indicators. Also, the negative answer is at the high number, where the positive was the high number in the previous questions. This does not follow the format of the other rankings, and will lead to inaccurate results, it is written backwards. Question #8 asks about a multiple dock slip system. This should have been described as very few people in general know what a multiple dock slip system is. Maybe, the LMCD should have been asked about this, it probably isn't even feasible to ask this as the LMCD most likely will not allow this type of dockage. Question #11 asks if they live on private lakeshore. The question should have asked - "Do you live on: a) private lakeshore, b) abut commons, c) do you live off the lake and use commons, d) do you live off the lake and not use commons?" The number of surveys sent to citizens at large was more (550) than sent to the actual users (450) - this could give a slanted outcome. He stated the survey had little value, and will be slanted. He wanted the Council to 488 Minutes - Mound City Council October 10, 1995 keep this in mind when they hear the recommendations from the Commons Task Force. 1.8 Resolution Opposing Proposed Hennepin County Ordinance//18, an Ordinance for County Collected Solid Waste Fee for Solid Waste Management Services for Hennepin County. City Manager Ed Shukle stated this was the resolution the Council requested be prepared informing Hennepin County the City of Mound's opposition to the proposed Ordinance //18, regarding fees collected by Hennepin County for solid waste management services. Councilmember Jessen stressed the need for the county to offer incentives to the haulers and not to tax citizens more for this service. Councilmember Jensen moved and Councilmember Ahrens seconded the following resolution: RESOLUTION #95-107 RESOLUTION OPPOSING PROPOSED HENNEPIN COUNTY ORDINANCE #18, AN ORDINANCE FOR COUNTY COLLECTED SOLID WASTE FEE FOR SOLID WASTE MANAGEMENT SERVICES FOR HENNEPIN COUNTY. The vote was unanimously in favor. Motion carried. 1.9 Approval of Bingo Permit - Fire Department Auxiliary. The Auxiliary of the Mound Fire Department is having turkey bingo on Tuesday, Novemberl4, 1995. MOTION by Ahrens, seconded by Hanus and carried unanimously to approve the bingo permit for the Auxiliary of the Mound Fire Department on Tuesday, November 14, 1995. 1.10 Approval of Retainer Agreement with Kennedy & Graven for Legal Services, Curt Pearson, City Attorney. City Manager Ed Shukle stated that the City Attorney Curt Pearson was merging his practice with the firm of Kennedy & Graven by the end of October. City Attorney Curt Pearson stated the new firm has expertise in municipal law and represents several municipalities. He presented the same retainer agreement that has been used in the past with the old firm. This firm will not be doing the criminal prosecution. Mr. Craig Mertz has been doing and will continue to do this from his own firm under previous arrangements. Mayor Polston stated he did not want any participation with Mr. LeFevere, a lawyer with the new firm, as he represents the LMCD and it would be direct conflict of interest were there to be any disagreement with the LMCD. 489 Minutes - Mound City Council October 10, 1995 Consensus of the Council was this was a good merger, and the City will be well represented. They did ask to meet Mr. John Dean, who will assist and substitute for Mr. Pearson when he is unable to attend council meetings. Councilmember Jessen moved and Councilmember Jensen seconded the following resolution: RESOLUTION #95-108 RESOLUTION ACKNOWLEDGING THE CHANGE IN FIRM NAMES FOR THE RETAINER AGREEMENT FOR LEGAL SERVICES. The vote was unanimously in favor. Motion carried. 1.11 Approval of a Joint Powers Agreement Between the City of Mound and the City of Minnetrista for the Interconnection of Water Systems. City Manager Ed Shukle stated Minnetrista has requested to hook up to the Mound water system so in the event of an emergency, Minnetrista would not be without water. Councilmember Ahrens moved and Councilmember Hanus seconded the following resolution: RESOLUTION #95-109 RESOLUTION APPROVING JOINT POWERS AGREEMENT BETWEEN THE CITY OF MOUND AND THE CITY OF MINNETRISTA FOR THE INTERCONNECTION OF THEIR WATER SYSTEMS. The vote was unanimously in favor. Motion carried. 1.12 Payment of Bills. MOTION made by Jessen, seconded by Jensen to authorize the payment of bills as presented on the pre-list in the amount of $233,751.01, when funds are available. A roll call vote was unanimously in favor. Motion carried. 1.13 ADD - ON ITEMS Memo Regarding Timber Purchase City Manager Ed Shukle reviewed the Parks Director's memo with the Council. 490 Minutes - Mound City Council October 10, 1995 Amendment to the Western Fire Training Association Joint Powers Agreement City Manager Ed Shukle reviewed the agreement with the Council. He stated there had been discussion regarding disposing of the site that is jointly maintained by 11 cities. The association wants to sell the property, but the site must be evaluated for possible contamination, which will take some time. The Council was asked to approve the continuing Joint Powers Agreement as amended. A copy of the agreement will be filed with the City Clerk's office. MOTION by Jessen, seconded by Ahrens and carried unanimously to approve the Amendment to the Western Fire Training Association Joint Powers Agreement. Comment was made that this would be a good site for the special recycling events the City of Mound provides twice a year for residents of the area. Park Dedication Fees Councilmember Hanus mentioned to the City Attorney the Planning Commission was still confused about the language in the ordinance regarding the $500 fee and the 10% rule. 1.14 INFORMATION/MISCELLANEOUS A. Department Head Monthly Reports for September, 1995. B. LMCD Representative's Monthly Report for September 1995. C. LMCD Mailings (to be handed out 10-10) Revised Parks and Open Space Commission Minutes for September 14, 1995, reflecting the number of total dock sites in the dock program. Memorandum dated September 28, 1995 from the Minnesota Public Utilities Commission re: Commission meeting on new area codes for Minnesota. REMINDER: Annual Fall Cleanup - Recycling - Saturday, October 14, 1995, Lost Lake. REMINDER: Committee of the Whole meeting, Tuesday, October 17, 1995, 7:30 pm. Only agenda item is the proposed 1996 Budget. Annual Christmas Party - Friday, December 8, 1995, at the American Legion. 491 Minutes - Mound City Council October 10, 1995 Letter to City from Peter McLaughlin, Chair, Hennepin County Board of Commissioners, re: Attending 1995 State of the County Address to be held Thursday, October 12, 1995, 4 pm, General Mills Corporate Headquarters, Golden Valley. If interested, let Linda know by October 10th. Letter dated October 4, 1995, from Triax Cablevision re: "Home Wire Maintenance Plan" MOTION by Ahrens, seconded by Polston and carried unanimously, the meeting was adjourned at 9:50 PM. City Manager 492