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2007-07-24MOUND CITY COUNCIL MINUTES July 24, 2007 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, July 24, 2007 at 7:30 p.m. Members present: Mayor Mark Hanus; Councilmembers Dave Osmek, Mike Specht, and John Beise. Members absent: Councilmember Greg Skinner Others present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Public Works Director Carlton Moore, City Engineer Dan Faulkner, Parks Superintendent Jim Fackler, Police Chief Jim Kurtz, Amanda Schwarze, Cheryl Martin, Neil Weber, Gene & Janet Linkert, Tony Hentges, Scott Henrichks, Harry Fuchs, Ryan Gilgenbach, Laura King, Kevin Wethukle, Gary & Colleen Bruman, Scott Henrichs, Shirley Romness, Brad & Dina Etherington, Karen & Barry Rettke. 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 will be removed from the Consent Agenda and considered in normal sequence. 1. Open meeting Mayor Hanus called the meeting to order at 7:30 p.m. 2. Pledge of Allegiance 3. Approve agenda Hanus requested the addition of Item 12A, Set date for budget workshop. MOTION by Osmek, seconded by Specht to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent agenda Hanus requested removing item 4C for discussion and Osmek requested the removal of 4A. MOTION by Specht, seconded by Beise to approve the consent agenda as amended. Upon roll call vote, all voted in favor. Motion carried. A. (removed) B. Approve payment of claims in the amount of $636,906.05. Mound City Council Minutes -July 24, 2007 C. (removed) D. Approve Garbage & Refuse Collection License for Blackowiak E. Approve applications for Lawful Gambling from the Gillespie Center, Our Lady of the Lake, and Mount Olive Church. F. Approve Payment Request No. 4 from Graham Penn-Co in the amount of $688,606.19 for the Mound Transit Center G. RESOLUTION NO. 07-53: RESOLUTION ACCEPTING BID FOR SINCLAIR (63) AND BAYWOOD SHORES (C3) LIFT STATION IMPROVEMENTS H. RESOLUTION NO. 07-54: RESOLUTION RE-DEFINING PREMISES AND CONDITIONS FOR THE CLUB AND SUNDAY LIQUOR LICENSES ISSUED TO AMERICAN LEGION POST 398 I. RESOLUTION NO. 07-55: RESOLUTION APPROVING A VARIANCE FOR THE PROPERTY LOCATED AT 4932 GLEN ELYN ROAD. P8~Z CASE #07-15, PID #13-117-24-11-0082. J. RESOLUTION NO. 07-56: RESOLUTION APPROVING HENNEPIN COUNTY JUSTICE INTEGRATION SUBSCRIBER AGREEMENT K. RESOLUTION NO. 07-57: RESOLUTION APPROVING CONTRIBUTIONS 4A. Approve minutes MOTION by Beise, seconded by Specht to approve the minutes of July 10, 2007. The following voted in favor: Beise, Specht, and Hanus. The following voted against: None. Osmek abstained from voting as he was absent from the July 10th meeting. Motion carried. 4C. Public Lands Permit Application for Village by the Bay Hanus expressed concern over the request to place trees on the east side of the outlot park, adjacent to boulevard sidewalk. He feels that placing the trees there would further block view off from the street and further privatize this public park that was taken by the city for the general public. Osmek suggested putting the trees along the west side of the park, adjacent to the private sidewalk. Beise doesn't have a problem with the trees being placed where proposed, but would like signage to inform citizens that this is a public park. Shirley Romness, 2100 Old School Road, stated that that park does get used and when asked how she feels about planting the trees along the westerly sidewalk, she stated that she would have to talk to the other residents involved. MOTION by Osmek, seconded by Hanus to table this item until the next regular meeting. The following voted in favor: Osmek, Specht, and Hanus. The following voted against: Beise. Motion carried. 2 Mound City Council Minutes -July 24, 2007 5. Public Hearing A. PC Case No. 07-12 -Cancelled and will be rescheduled to future date. CUP amendment -trail modification in Village by the Bay Hanus announced that this hearing was cancelled at the applicant's request and will be re-published and re-noticed for a future date. B. PC Case No. 07-13 - CUP amendment -building remodel/addition at Rite Away Oil 5293 Shoreline Drive -Applicant: Tony Hentges Sarah Smith reviewed the application for a CUP amendment for building and site alterations at Rite Away Oil at 5293 Shoreline Drive. Both staff and the Planning Commission are recommending approval. Hanus opened the public hearing at 8:00 p.m The applicant showed samples of the proposed building materials and it was noted that the adjacent asphalt sidewalk will be repaired with a future street reconstruction project. Hanus closed the hearing at 8:02 p.m. MOTION by Osmek, seconded by Specht to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 07-58: RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT FOR THE PROPERTY LOCATED AT 5293 SHORELINE DRIVE, P&Z CASE #07-13. PID #13-117-24-34-0021. 6. Comments and suggestions from citizens present on any item not on the agenda. Harry Fuchs, 1760 Resthaven Lane, stated that after the street project the no parking was changed on his street and he would like to know why. Carlton Moore explained that the signs were placed go conform with the parking map approved by the City Council. It was suggested that this be referred to staff for their recommendation. Kandis Hanson told Fuchs to get a petition signed from affected residents and then it can be considered by the council. This is the city's formal proceeding. Laura King, 2567 Lakewood Lane, stated that the street project contractor did a nice job of re-paving their street, but now its used as a speedway for everyone in 3 Mound City Council Minutes -July 24, 2007 town. She asked what they have to do to get some speed bumps, signs, and a center line put in on that street. Hanus stated that this will brought to the Police Chief's attention for recommendation to the Council. Chief Kurtz was present at the meeting so Ms. King met with him on these issues. 7. PC Case No. 07-02 -Variance for house setback (after the fact) 5017 Avon Drive -Applicant: George Linkert Sarah Smith reviewed the application from George Linkert who is requesting an "after-the-fact" variance approval of a side setback of 1.5 feet on the east side associated with the constructed location of a new home which is inconsistent with the City's 2004 variance approval for the project which required a 2.1 foot setback in this location. Staff recommended denial of the variance application due to lack of hardship. The case was reviewed by the Planning Commission at its August meeting at which time applicant was present and provided an outline of what occurred during the construction of the home that created the non-conforming setback. Applicant also provided a summary of the background of what occurred and the steps that have been taken to try to resolve the situation, which include possible boundary adjustment with the adjacent property owner and whether or not there are ways to address it from a construction standpoint, and mediation involving the neighbor. Neighbor's legal representative was also present and indicated that they are not in favor of this variance application due to several issues including drainage, snow loads and proximity and possible encroachment over the lot line. Smith noted that due to different recommendations between the Planning Commission and staff, a resolution was not prepared in advance of this meeting but would be brought back at a later meeting after direction by the Council. Smith also provided an overview of the timeline with regards to the application and MS 15.99. Beise showed an example of a possible boundary shift which would correct the setback deficiency and Hanus recommended that the applicant and neighbor consider additional discussions for possible ways to alleviate the situation. MOTION by Osmek, seconded by Specht to table this item to give involved parties a chance for recommendation of resolution of this situation. All voted in favor. Motion carried. 4 Mound City Council Minutes -July 24, 2007 8. 2007 Storm Drainage Improvements Dan Faulkner of Bolton & Menk, Inc. reviewed the proposed project that includes improvements in the Port Harrison Townhome area, Franklin/Gladstone area, Highland Area, Lynwood/Cottonwood area, and Walnut/Rambler area. Total estimate cost of the entire project is $211,266.90. Osmek suggested looking to the LMCD, MCWD, Hennepin County, or Federal reps to see if some EPA money is available to offset this improvement. Faulkner has researched grants and they won't work here, and also has been in contact with the MCWD to see if they would help with costs in the Harrison area because improvements in that area would greatly reduce the amount of phosphorus going into the lake. It was also noted that a lot of the drainage is coming from the west side of 110 from Minnetrista. Hanus stated that if there are opportunities to improve water quality without a lot of added dollars, it would be a good idea to pursue this especially due to phosphorus reduction. MOTION by Osmek, seconded by Beise accept the feasibility report and proceed with preparation of plans and specifications, with the plans including options for upgrades should the funds become available. All voted in favor. Motion carried. Faulker confirmed that the plans would include the options as stated in the above motion, with plans coming back to the Council before the bidding process. 9. Sherrv Butcher on Public Leadership Academv for Elected Officials Sherry Butcher outlined the content of the Public Leadership Academy with its benefits. It is a five month program designated by and for elected officials to develop leadership skills and capacity. The next session starts in January of 2008. 10. Steve Johnson. Mound LMCD Rea. on 2008 LMCD Budaet Steve Johnson reviewed the 2008 budget and informed the Council on the plan to hire a code enforcement individual. Hanus stated that the levy increase of 5.8% is a lot better than the initial 20.5% estimated earlier. Hanus also expressed his concern over this person being proactive and going out looking for compliance issues rather than just responding to complaints of non-compliance as in the past. 11. Consideration/action on petition from residents regarding no parking signs on Shorewood Lane Chief Kurtz presented three options and their pros and cons regarding placement of no parking signs on Shorewood Lane. They were moved to comply with the city's no parking map after the 2006 Street Reconstruction Project. This 5 Mound City Council Minutes -July 24, 2007 placement is opposite of where they were located before the project. A petition to place them back where they were previous to the project was received from residents at the July 10th meeting and tabled to this meeting for action. Osmek stated that the streets in Mound go every direction and sometimes one size doesn't fit all. Hanus commented on the petition that was received and the overwhelming agreement to move the signs back to where they were located before the street project. MOTION by Osmek, seconded by Beise to direct staff to prepare a resolution amending the no parking map to indicate Shorewood Lane from Resthaven to the eastern most end of Shorewood, as east/west and reflect properly on the map, to be presented at the next meeting for consideration. All voted in favor. Motion carried. 12. l~date on meeting with Minnetrista City Council on Public Works Facili Carlton Moore informed Council that staff met with the Minnetrista Council about the feasibility of Mound building a Public Works Facility in Minnetrista, and were very well received. Minnetrista presented another possible option to them, which was to include Mound in their campus concept to house the Public Works operations, sharing land and buildings. Minnetrista is also talking with other agencies for their possible involvement. Hanus stated that Mound certainly can't afford what we've previously been looking at, so he would not support going off on our own. He is willing to look further into the campus concept with Minnetrista. Kandis Hanson stated that the Public Works committee will be meeting this week to consider this idea with other remaining options. No action is necessary. 12A Set budget workshoa Kandis Hanson stated that there is a budget workshop already scheduled for July 31St, and is proposing another workshop for August 21St in anticipation of consideration of the preliminary budget at the regular meeting of September 11. Hanus would like to do more of the budget discussion in front of the public and hold the discussion at a regular council meeting. He wants the people to see what is going on in the budget process. Beise stated that he feels it's appropriate to hold the preliminary discussions in a workshop setting as it's always been, to get input from department heads and questions answered in a closer setting. These workshops are still public meetings and anyone can attend. The dynamics of a work session around tables is hard to televise. 6 Mound City Council Minutes -July 24, 2007 Osmek agrees with holding the discussions at a regular meeting, with each Department Head going to the podium to present their budget and answer questions. MOTION by Osmek, seconded by Hanus to direct staff to prepare the preliminary 2008 budget material to be presented at the August 28, 2007 council meeting. Hanson suggested holding a.special workshop on August 21St because people get way too tired to work on something this important. Osmek suggested shuffling things to the August 14tH meeting that can be, or delaying a meeting to make the regular agenda on the 28tH as short as possible. If it's determined that the August 14tH meeting is not going to work out, it can be changed on the 14tH Vote on above motion: The following voted in favor: Osmek, Specht, Hanus. Nayes: Beise. Motion carried. 13. Miscellaneous/Correspondence A. Comments/reports from Councilmembers B. Reports: Harbor Wine & Spirits -June 2007 The Gillespie Center LMCC Schedule C. Minutes: POSDAC minutes - Osmek brought attention to the minutes of June 12, 2007 where the commission discussed atwo-tier dock fee schedule. The minutes also mention a $25/foot charge for slips. He wants the Council to convey to the Commission their feelings on this concept before they spend any more time on it. Beise stated that the commission is making a recommendation and if it came to the Council on an agenda, the way the minutes propose it, he would vote against it. Osmek stated that if they are using these numbers as a basis for their budget, they need to be told no now -we're not creating two classes of citizens. If there is a need for a fee increase, they should look at the numbers and recommend the same fee for everyone, not two-tier. These fees are meant to support the dock program and improvements and not be an en enterprise fund. D. Correspondence: Letter from resident regarding Swenson Park area Comprehensive Plan press release and meeting Three Rivers Park District 1 7 Mound City Council Minutes -July 24, 2007 14. Adjourn MOTION by Osmek, seconded by Specht to adjourn at 10:51 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk ~- ~-- Mayor Mark Hanus