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1995-11-14Mound City Council Minutes November 14, 1995 MINUTES - MOUND CITY COUNCIL- NOVEMBER 14, 1995 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, November 14, 1995, at 7:30 PM, in the Council Chambers at 5341 Maywo0d Road, in said City. Persons in attendance: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz Jensen and Phyllis Jessen; City Manager Ed Shukle, City Attorney Curt Pearson, City Engineer John Cameron, Finance Director Gino Businaro, Acting City Clerk Linda Strong. Also present were the following interested citizens: Dorothy and Bill Netka, Ken Custer, Julie Christiansen, Brad Alness, Tracy Ingrain, Peter Johnson and John Dean. The Mayor opened the meeting. The Pledge of Allegiance was recited. RECYCLOTTO WINNER Mayor Polston announced that Eldon Maas had won 50 Westonka Dollars for recycling on October 24, 1995. He was not in attendance, his winnings will be mailed to him. 1.1 APPROVE THE MINUTES OF THE OCTOBER 24, 1995 REGULAR MEETING AND THE CONTINUED OCTOBER 24, 1995 MEETING TO DISCUSS THE 1996 PROPOSED BUDGET ON NOVEMBER 6, 1995. MOTION by Jensen, seconded by Jessen to approve the Minutes of the October 24, 1995 regular Council meeting. Councilmember Hanus mentioned item 1.15 - "Discussion of whether or not to schedule a special meeting to continue the discussion of the 1996 proposed budget, place the item on the November 21, 1995 Committee of the Whole or discuss at Truth in Taxation Hearing already scheduled for December 6, 1996" he stated the minutes were incorrect regarding the Jensen and Jessen stating they could not attend another meeting. Through Council discussion, it was the consensus to incorporate into the Minutes of October 24, 1995, the discussion vertabim regarding this item. Councilmember Hanus also stated the motion at the end of the meeting was not written correctly. This too will be verbatim in the Minutes. These Minutes will be brought back to the Council at the November 28, 1995 meeting. The vote was called and the motion carried 5-0. City Attorney Curt Pearson stated for the record and clarification that the Minutes were approved as amended, per verbatim per the tape as it relates to this section. Councilmember Hanus stated he would not have raised the issue except he knew that Polston, Ahrens and himself would have been willing to set up another date for the continued meeting that Jensen and Jessen could attend, had there been any interest by either Jessen or Jensen to attend another meeting. This is not was relayed at the 533 Mound City Council Minutes November 14, 1995 10-24-95 meeting. He stated that is why it is an issue. Councilmember Jensen stated she would like to see this item verbatim before it became record. City Attorney Curt Pearson suggested that if Councilmember Jensen wished to see the minutes regarding this section verbatim, which is not before you now, that the Minutes be continued and revised and brought back to you in a form that everybody could agree on. The Council agreed to have the Minutes continued, revised and brought back at the next meeting. Mayor Polston stated the next Minutes to approve were of November 6, 1995, the continued Council meeting of October 24, 1995. MOTION by Hanus, seconded by Ahrens to approve the Minutes of the November 6, 1995 continued City Council meeting as presented. The vote carried with three voting yes, Jessen and Jensen did not vote. 1.2 CONTINUED PUBLIC HEARING: PARKING ASSESSMENT. CENTRAL BUSINESS DISTRICT (CBD) Mayor Polston stated this public hearing was continued from the previous meeting at the request of Bill Netka, who was out of town and wanted the opportunity to address the Council on the CBD Parking Assessment. He reopened the public hearing and asked if anyone wished to address the Council. Bill Netka, 2360 Commerce Blvd, requested the review of the Central Business District Parking and Maintenance Assessment for the fiscal year of 1994-95. He stated there had been incorrect changes in the factor used to calculate the assessment as correctly shown. The formula used was adopted by the City and members of the CBD in 1970. He was involved at that time and the same formula is still being used. He stated several fixed factors of the formula have been changed without formal review and hearings. This has resulted in the improper assessment distribution among the CBD business properties and improper payment of CBD credits. He requested a continued hearing and review by the CBD businesses, staff, Council and himself be done. Discussion The numbers of parking spaces available and who owned how many were discussed. These numbers need to be verified. Mayor Polston asked if there was anyone else who wished to speak with the Council regarding the CBD assessment. The Mayor returned the item to the Council. Hanus stated he had visited with Netka and discussed the formula. He felt the formula was efficient, but the numbers used in the formula had changed. Hanus referred to Tonka West property and column three of the breakdown sheet. It was known that Tonka West (property north of Coast to Coast) provides parking for the system, but column three states none are provided by Tonka West. Also, some businesses were making a profit from owning parking spaces in the system. Hanus stated there were enough questions 534 Mound City Council Minutes November 14, 1995 raised that this should be looked into. Hanus asked how long has it been since the numbers have been verified or changed? City Manager Ed Shukle stated he did not think the numbers had been changed for some time. Historically, they have used the same numbers. Shuk/e stated this formula has constantly and consistently been a problem between the people that do not provide any parking and those that do provide parking. Usually the businesses that provide the parking do not feel they are getting enough credit for them and the businesses that have no parking feel they are being charged too much. Ahrens stated that Dakota Rail property now provides more spaces than before. Shukle stated the parking was available to the City before, the City leased it, now it owns it and nothing had changed. Shukle stated that these assessments had to be processed by November 30, 1995 to Hennepin County as the costs are for the fiscal year 7-1-94 through 6-30-95 and the monies have already been expended and the credits have also been mailed. Shukle suggested that the Council adopt this assessment roll as submitted and do as Mr. Netka requested to set up a committee of representatives of the CBD, staff and Council to analyze the formula and try to improve it. There is not enough time to review this assessment now. Shukle clarified the costs that are included in the CBD Assessment as only the cost of snowplowing and of leases paid to property owners that receive credits paid back to them. One third of the cost of the snow plowing goes to the City and two-thirds is charged to the CBD. Finance Director Gino Businaro stated the numbers in the formula have been the same for the last 4-5 years. Shukle stated that four of the original 26 businesses have pulled out, leaving 22 businesses. Hanus stated the calculations used really depends on the type of business and employees that are in a building, and these change. Mayor Polston suggested the setting up of a committee and to work a more equitable system. He stated the assessment needs to be certified to the county. Mayor Polston closed the Public Hearing. He asked the Council to adopt the resolution on the CBD Assessment. Councilmember Jessen moved and Councilmember Jensen seconded the following resolution: RESOLUTION #95-115 RESOLUTION ADOPTING THE 1995 CBD PARKING MAINTENANCE ASSESSMENT ROLL IN THE AMOUNT OF $13,241.53, TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST, LEVY #13232 The vote was unanimously in favor. Resolution adopted. The Council agreed to deal with this CBD assessment public hearing before this date next year. Discussion was held regarding establishing a committee. Ken Custer, owner of Glass Plus, asked the city attorney if credits could be issued regarding under/over payments the next year? The attorney stated it would not work retroactively. He suggested the establishment of a committee. 535 Mound City Council Minutes November 14, 1995 MOTION by Polston, seconded by Hanus, and carried unanimously to direct the City Manager to set up a meeting inviting the CBD business owners and the CBD tenants, staff, representatives of the Economic Development Commission and possibly the city engineer, to review the current CBD formula and figures used and calculations to come up with an agreement as to the CBD formula as soon as possible. 1.3 REQUEST FROM RICK & DENISE HANSON FOR A ONE YEAR EXTENSION ON RESOLUTION #94-131, APPROVING A LOT AREA VARIANCE TO ALLOW CONSTRUCTION OF A DETACHED GARAGE AT 2710 WESTEDGE BLVD., PART OF GOVERNMENT LOT 3, SECTION 23, PID 23-117-24 24 0008. City Manager Ed Shukle stated the applicants are requesting a one year extension of the variance granted by the City Council on September 27, 1994. The Planning Commission has recommended approval. Councilmember Ahrens moved and Councilmember Jessen seconded the following resolution: RESOLUTION #95-116 RESOLUTION TO APPROVE A ONE (1) YEAR EXTENSION OF A VARIANCE ORIGINALLY APPROVED BY RESOLUTION #94-131 FOR 2710 WESTEDGE BLVD., PART OF GOVERN MENT LOT 3, SECTION 23, PID #23-117-24 24 0008. The vote was unanimously in favor. Resolution adopted. 1.4 CONTINUED DISCUSSION: NO PARKING SIGNS ON FAIRVIEW LANE. City Manager Ed Shukle stated the Police Department had contacted the affected property owners as the Council had requested. He stated the report by the Police Chief resulted in the majority of the residents not wanting the signs removed. Shukle stated the petition was from the members of St. John's Church and the request was primarily for Sunday use. Councilmember Jessen clarified that this area was only from the mailbox at St. Johns's Church on Fai~iew to Bartlett. It did not mean all of the signs on Fairview Lane. The removal of this sign would not affect the daycare drop off area. Discussion regarded the stop sign at Fairview and Maywood and that it was installed because people were speeding through on Fairview. The removal of the No Parking sign as requested will not permit parking in front of affected owners driveways because the side of the street that the sign affected has no driveways. Councilmember Jessen moved and Councilmember Hanus seconded the following resolution: 536 Mound City Council Minutes November 14, 1995 RESOLUTION #95-117 RESOLUTION TO REMOVE THE ONE NO PARKING SIGN ON THE WEST SIDE OF FAIRVIEW LANE THAT IS LOCATED BETWEEN THE DRIVEWAY INT0 ST. JOHN'S CHURCH AND BARTLETT BOULEVARD. The vote was unanimously in favor. Resolution adopted. The Council felt the City Engineer should look at the street signs on Fairview that are there to see if a sign change should be made regarding the Council's actions of removing the no parking sign. 1.6 REVIEW OF 1996 DOCK APPLICATION FORMS. City Manager Ed Shukle stated that the dock forms have been reviewed by the Parks and Open Space Commission, and now need to be reviewed by the Council. These forms will be mailed at the end of December to the current dock holders. He referred to three changes from last year: 1). Dates were changed as 1996 is a leap year and there is one more day in February, 2). A sentence was added regarding chemicals draining into the lake and causing serious environmental problems, and 3). Chemical drift and runoff adversely affects the quality of lakes and streams. Shukle also mentioned questions asked by Councilmember Ahrens, and they were answered in the handout. The questions dealt with commercial docks and why some are charged a fee and some are not, the type of inspection the City Dock Inspector does with commercial docks, why buoys are being phased out and can a buoy permit and a dock permit be held by one individual? Jim Fackler, Parks Director, responded to these questions in a memo. Councilmember Ahrens felt it unfair some commercial docks are being inspected by the city dock inspector and not paying fees, they should be as all commons dock holders pay fees to the City. Fackler's memo stated that the policy has been any commercial dock site that does not rent slips out to non residents of the complex or association they are affiliated with, are not charged a fee. However, a commercial dock that is renting sites to non residents, using excursion boats or for profit type of operation, a fee is charged as outlined in Section 510:15 of the City Code. According to Code, the commercial docks require more inspections and regulations than private docks on commons, and some of them do not pay any fee. City Attorney Curt Pearson stated that the LMCD regulates only to the water's edge and commercial dock sites have an effect on the neighborhood as to the parking, noise, etc. This is where the City's ordinance comes in, as to the effect of the neighborhood. The City has an interest in these docks. The question was asked if the LMCD charges a fee, and do they inspect the commercial docks? Mayor Polston suggested the City inquire with the LMCD to see what they do with regard to commercial dock inspections. The applications were discussed. Councilmember Hanus stated the forms did not flow well. Ahrens also had several comments regarding the forms. 537 City Council Minutes November 14, 1995 SET PUBLIC HEARING TO CONSIDER THE ISSUANCE OF A CONDITIONAL USE PERMIT TO ALLOW FOR A WARMING HOUSE AND TWO OUTDOOR SKATING RINKS ON PROPERTY ASSOCIATED WITH A PUBLIC SCHOOL AT 5600 LYNWOOD BLVD. SUGGESTED DATE: DECEMBER 12, 1995 MOTION by Ahrens, seconded by Hanus and carried unanimously to set December 12, 1995 as a public hearing to consider the issuance of a conditional use permit to allow for a warming house and two outdoor skating rings on property associated with a public school at 5600 Lynwood Blvd. 1.7 UPDATE ON WESTONKA COMMUNITY CENTER FACILITY STUDY. City Manager Ed Shukle updated the Council regarding the community center facility study. The Community Center Task Force has recommended the complete demolition of the old facility and reconstruction of a new facility. A workshop session has been scheduled for Thursday, December 14, 1995, at 7:30 pm in the conference room at the Community Center for the purpose of determining the interest by the school board and all of the area cities of Mound, Minnetrista and Spring Park. Each city has been invited to send two representatives. The city manager mentioned a resolution he had prepared with the Economic Development Commission supporting the construction of a new facility. This resolution has not been given to the School Board. Mayor Polston stated his concern regarding the funding of the new project. MOTION by Hanus, seconded by Ahrens to appoint Councilmember Jensen and Mayor Polston as representatives from the City of Mound to attend the workshop session on 12-14-95, along with representatives of Spring Park and Minnetrista, the Mound School Board and the Community Center Task Force to determine the level of interest by these representatives in pursuing a cooperative venture for the construction of an area community center facility. 1.8 APPLICATION FOR RESTAURANT LICENSE 'q'HE COFFEE PLACE" AT LYNWOOD & COMMERCE. Acting City Clerk Linda Strong stated Julie Christiansen, proprietor, will open a new coffee shop on the corners of Lynwood and Commerce the week after Thanksgiving. Approval would be contingent upon proper forms and insurance. MOTION by Ahrens, seconded by Jessen and carried unanimously to approve the restaurant license for "The Coffee Place", contingent upon proper applications and insurance. 538 Mound City Council Minutes November 14, 1995 1.9 PETITION FOR LOCAL IMPROVEMENT XXXX KILDARE ROAD, LOTS 21, 22, 23, 24, 25 & 26, BLOCK 11, SETON, PID NOS. 19-117-23-22-0036 THRU 0041. (STREET WITH CURB, GUTTER, WATER AND SEWER) City Engineer John Cameron stated this improvement was applied for the first time in 1978. The owners of the abutting properties refused to grant public right-of-way for the street, so the project on that portion of Kildare Lane was dropped. Tracy Ingram, representative of the sellers, was present. Cameron passed out aerial photo/maps to the Council. He stated Kildare Lane is an unimproved street going west off Kerry Lane. Improvements petitioned for are a street with curb, gutter, water and sewer and creating a cul-de-sac at the west end of Kildare Lane. The petition came from the property owners at this west end of the unimproved Kildare Lane. The owner to the east of these properties has no interest in improvements to the street and the cost involved. Mr. Ingrain stated that the property east of his clients is for sale also. If this improvement were to happen, all property owners abutting the improved portion of Kildare Lane would be assessed a portion of the cost. Cameron stated the street needs a 30' right-of-way and an easement would be needed. Cameron stated a feasibility study could be prepared at an estimated cost of $500 - $600. This cost normally is absorbed into the overall project cost when the improvement is done. However, if the project did not go through, Council suggested Ingram talk with his sellers to have them pay for the feasibility study, so the City is not expending funds for a private property owner. Consensus of the Council and the city engineer was to have Mr. Ingram talk with his clients to see if they would be responsible for the cost of the feasibility study should the project not go forward. The Council continued the petition until the 11-28-95 meeting, so Mr. Ingram could talk with the petition/property owners. 1.10 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 $261,660.46, when funds are available. A roll call vote was unanimously in favor. Motion carried. 1.11 .ADD-ON ITEMS LIONS RENEWAL OF A "PREMISES PERMIT" FOR MOUND LANES City Manager Ed Shukle stated the Lions have requested a renewal of a permit to have pull tabs at Mound Lanes. Councilmember Ahrens moved and Councilmember Hanus seconded the following resolution: 539 Mound Ci~ Council Minutes November 14, 1995 RESOLUTION #95-118 RESOLUTION APPROVING A PREMISES PERMIT APPLICATION FOR NORTHWEST TONKA LIONS FOR MOUND LANES, 2346 CYPRUS LANE The vote was unanimously in favor. Resolution adopted. EASEMENT WITH MEISELS - LOST LAKE CHANNEL City Manager Ed Shukle updated the Council. Meisels had agreed to the proposed Easement Agreement with the time extended until December 31, 1996 as the Council had requested. They did want inserted into the agreement the words "retaining wall and walkway with steps". This is on the plan, but not written into the agreement. MOTION by Hanus, seconded by Jensen and carried unanimously to approve the amended Agreement to Convey an Easement with the Meisels relating to the Improvement of Lost Lake Channel. 1.11 INFORMATION/MISCELLANEOUS A. DEPARTMENT HEAD MONTHLY REPORTS FOR OCTOBER, 1995. B. LMCD REPRESENTATIVE'S MONTHLY REPORT FOR OCTOBER 1995. C. LMOD MAILINGS. D. PLANNING COMMISSION MINUTES OF OCTOBER 23, 1995. Eo LETTER FROM ALAN JOHNSON, PRESIDENT, NORWEST BANK, WESTERN SUBURBAN MARKET, WAYZATA, RE: CHANGES IN THE WAY NORWEST'S CUSTOMERS ARE USING BANKS. INVITATION TO ATTEND THE ANNUAL CHRISTMAS PARTY SCHEDULED FOR FRIDAY, DECEMBER 8, 1995 PLEASE NOTE TO RSVP BY FRIDAY, DECEMBER 1ST TO LINDA AT 472-0600. REMINDER: COMMITTEE OF THE WHOLE, TUESDAY, NOVEMBER 21, 1995, 7:30 PM, AGENDA ITEM WILL INCLUDE: CONTINUED DISCUSSION ON 1996 BUDGET, STREAMLINING OF VARIANCES, AND A REPRESENTATIVE FROM THE METROPOLITAN COUNCIL WHO WILL SPEAK ON THE LIVABLE COMMUNITIES ACT PASSED DURING THE 1995 LEGISLATIVE SESSION. ENCLOSED IS SOME INFORMATION FOR YOU TO REVIEW PRIOR TO THE C.O.W MEETING. 540 Mound City Council Minutes November 14, 1995 The Council discussed whether to schedule the Metro Council representative for the January meeting. Council agreed to put it on January 1996 agenda for the Committee of the Whole meeting, MOTION by Ahrens, seconded by Hanus and carried unanimously to adlourn the 11-14-95 City Council meeting. The meeting adjourned at 9:55 PM. Attest: Acting City ~anager 541 BILLS. -November 14, 1995 BATCH 5103 $141,790.82 BATCH 5104 119,869.64 Total Bills $261,660.46 542