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2007-09-25MOUND CITY COUNCIL MINUTES September 25, 2007 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, September 25, 2007, at 7:30 p.m. in the council chambers of city hall. Members present: Mayor Mark Hanus; Councilmembers David Osmek, Mike Specht, John Beise and Greg Skinner Others present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, City Engineer Dan Faulkner, City Engineering Tech Ray Hanson, City Planner Jeff Miller, Public Works Director Carlton Moore, George Zenanko, John Segal, Lynda Segal, Margaret Davis, Cheryl Fisher, Kristin Beise, Amanda Wasierski, Scott Henrichs, Kent Tarro, Veronica Aisawa, Jeannine Baden, Jay Humphreys, Stacey Flanagan, Gene Hostetler, Michael O'Kelly, Steffan Madsen, George Linkert, Sandi & Tom Effertz, Steve Bedell, Ray Salazar, Amanda Schwarze. 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 MOTION by Beise, seconded by Specht to approve the agenda. All voted in favor. Motion carried. 4. Concurrent meeting and public hearing of the Mound and Minnetrista City Councils for review of the mobile home park closing statement for Halstead Pointe Manufactured Home Park located at 6701 County Road 110 in Minnetrista and at 6639 Bartlett Boulevard in Mound Mayor Hanus opened the public hearing at 7:32 p.m. Minnetrista Mayor Fisher called the Minnetrista City council meeting to order and opened the public hearing. Minnetrista City Attorney Melissa Manderchied reviewed the process for closing a mobile home park, which is outlined and governed by Minnesota state statutes. She stated that according to statute, a neutral third party was agreed upon to carry out functions as outlined in the statutes. These functions are to determine eligibility and the amount of payment to be made out of a state fund, limit the group of park occupants who are entitled to relocation cost payment, eliminate the authority of cities to require that additional or other payments be made to displaced residents by the park owner or by post-closing owners of the park, and establish a process whereby park owners are required to deposit money into the fund to compensate home owners displaced by that Mound City Council Minutes -September 25, 2007 park owner's park closure. The neutral third party agreed upon is Management Services Worldwide, Inc. Kent Tarro, 6635 Halstead Ave -Lot L3, stated that he was contacted by the owner a month ago and offered a buy out verbally. He does not want relocation costs because he would have to move his trailer. He wants a buy out so that he can just walk away. John Dean stated that both councils will appoint a third party, but it appears that that party only has authority for relocation benefits, not buying the trailer, and that sale to the park owner may result in less than relocation costs. Upon no further comment being offered, Mayor Hanus closed the public hearing at 7:40 p.m. Minnetrista Mayor Fisher closed their public hearing also. MOTION by Osmek, seconded by Specht to adopt the following resolution. The following voted in favor: Osmek, Specht, Skinner and Hanus. The following voted against: None. Beise abstained. Motion carried. RESOLUTION NO. 07-72: RESOLUTION APPOINTING NEUTRAL THIRD PARTY FOR HALSTEAD POINTE MANUFACTURED HOME PARK CLOSURE RELOCATION COMPENSATION The City Council of Minnetrista also adopted the same resolution. John Dean will contact the designated third party and direct them to contact the four owners involved. Minnetrista City Council meeting adjourned at 7:43 p.m. and Mayor Hanus called for a ten minutes recess to reorganize the room for the regular portion of the Mound City Council meeting. 5. Consent agenda Osmek requested the removal if item 51 for discussion and Beise requested the removal of item 5N. MOTION by Specht, seconded by Beise to approve the consent agenda as amended. All voted in favor. Motion carried. A. Approve payment of claims in the amount of $1,464,022.28 B. Award bid to G.L. Contracting, inc. for Auditor's Road Utilities Reconstruction Project (#PW-05-07) C. Award bid to Kusske Construction Co., Inc. for 2007 Drainage Improvement Project (#PW-07-04) D. Approve Change Order No. 1 for the 2007 Street Reconstruction Project, which would add 20 working days, extending the completion date to October 12, 2007. E. Approve Pay Request No. 6 in the amount of $357,013.31 from Walker Parking Consultants for work on the Transit Center Parking Facility. 2 Mound City Council Minutes -September 25, 2007 F. Approve permits for Our Lady of the Lake Starlight Blast 1. Public Dance/Live Music 2. Temporary on-sale 3.2 malt liquor permit G. RESOLUTION NO. 07-73: RESOLUTION APPROVING PUBLIC LANDS PERMIT FOR RETAINING WALL AT 4913 ISLAND VIEW DRIVE H. RESOLUTION NO. 07-74: RESOLUTION TO APPROVE PUBLIC LANDS PERMIT FOR 5001 AND 2586 AVON DRIVE I. (removed) J. RESOLUTION NO. 07-75: RESOLUTION ACCEPTING A TRANSIT ORIENTED DEVELOPMENT (TOD) GRANT FROM HENNEPIN COUNTY AND APPROVING COOPERATIVE AGREEMENT K. ORDINANCE NO. 10-2007: AN ORDINANCE AMENDING SECTION 365 OF THE CITY CODE AS IT RELATES TO SIGNS L. RESOLUTION NO. 07-76: RESOLUTION ACCEPTING 37 SLIP DOCK STRUCTURE AND RELATED APPURTENANCES (LOST LAKE) M. RESOLUTION NO. 07-77: RESOLUTION APPROVING DISBURSING AGREEMENT REDUCTION REQUEST NO. 6 FOR VILLAS ON LOST LAKE CONSTRUCTION PROJECT N. (removed) 51. Approve temporary sign permit (after the fact) for Mt. Olive Lutheran Church Osmek had issue with an after the fact sign permit when this particular organization is near getting notice of violation of their CUP. They have not improved their garden site with arborvitae as specified in their CUP. They have been given until September 30 to comply or have their CUP revoked. He is concerned that they are not following what they said they were going to do, and doesn't feel comfortable approving an after the fact sign permit. Sarah Smith commented about the CUP issued a few years ago, and stated that there is one more condition remaining being arborvitae to screen their garden. In the event they haven't completed their obligation a revocation of their CUP can be pursued. She understands that they intend to comply and wanted more time to get over the summer heat for plantings. When the subject Fall Festival sign was erected, they stated they did not know they needed a permit and did come in immediately when they were contacted about obtaining such. They can be charged triple fee for this after the fact permit. Osmek stated that he is willing to go along with the sign permit, but wants them to know that his patience is growing thin. MOTION by Specht, seconded by Beise to approve a temporary sign permit (after the fact) for Mount Olive Lutheran Church for special event promotional sign. All voted in favor. Motion carried. 5N. Approve of minutes Beise suggested correction to the August 28 and September 11 minutes. MOTION by Beise, seconded by Specht to approve the minutes as amended. All voted in favor. Motion carried. 3 Mound City Council Minutes -September 25, 2007 6. Public hearings A. PC Case #07-21 -Amendment to Conditional Use Permit(s) -east and outdoor accessory retail use and fence at Mound True Value Hardware, 2250 Commerce Place City Planner Jeff Miller reviewed the amendment requests to allow an accessory outdoor retail sales use on the east side of the existing building and construct a fence in a business district. Both staff and the Planning Commission are recommending approval of the two requests. Osmek asked if this area was designed for parking in the previous land swap agreement, and Smith stated that it was designed for sales and storage of outdoor product and was not designated for parking. Mayor Hanus opened the public hearing at 8:11 p.m. and upon hearing no comment closed the public hearing. MOTION by Osmek, seconded by Specht to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 07-78: RESOLUTION APPROVING TWO (2) AMENDMENTS TO AN EXISTING CUP FOR 2250 COMMERCE BOULEVARD (TRUE VALUE HARDWARE STORE) TO ALLOW AN ACCESSORY OUTDOOR RETAIL SALES USE ON THE EAST SIDE OF THE EXISTING BUILDING AND CONSTRUCT A FENCE IN A BUSINESS DISTRICT. PSz Z CASE #07-21. PID #13-117-24-33-0086. B. PC Case #07-26 -Zoning amendment -fence standards in commercial districts - Applicant: City of Mound Sarah Smith reviewed the request to revise the fence standards in the commercial districts, similar to those for residential uses, in an effort to streamline the permitting process. The Planning Commission unanimously voted to recommend approval of the amendments. Mayor Hanus opened the public hearing at 8:17 p.m., and upon hearing no comment, closed the hearing. MOTION by Specht, seconded by Osmek pass the following ordinance. All voted in favor. Motion carried. ORDINANCE NO. 11-2007: ORDINANCE AMENDING SECTION 350 (ZONING ORDINANCE) AS IT RELATES TO FENCES 7. Comments and suaaestions from citizens present on any item not on the agenda. None were offered. MOTION by Osmek, seconded by Beise to reconsider Item 5F(1). All voted in favor. Motion carried. 1 4 Mound City Council Minutes -September 25, 2007 Osmek stated that he would like to waive the $100 fee for the public dance permit for the OLL Starburst Blast to be held May 3, 2008, as they have in the past for other non-profit organizations. MOTION by Osmek, seconded by Specht to waive the public dance/live music permit fee of $100 for the Our Lady of the Lake Starlight Blast on May 3, 2008, and to direct staff to refund this fee. All voted in favor. Motion carried. 8. Action on resolution approving east side setback (after the fact) variance for property located at 5017 Avon Drive Sarah Smith indicated that she drafted a resolution according to Council directive of September 11th, to approve the variance request from George Linkert to allow a 1.5 foot east side setback for the new single-family home (2005) located at 5017 Avon Drive. Linkert thanked the Council and staff for the anticipated outcome and hopes that the neighbor knows that he still wants to talk to her regarding this variance. MOTION by Osmek, seconded by Specht to adopt the following resolution. Scott Henrichs, 5013 Avon Drive, stated that it is a foregone conclusion what will happen tonight and he is speaking against approving the variance. It was pointed out to Linkert when the first block was laid that he was in violation of the first variance he received and they didn't change anything, but continued to build the house. He paid $900 to prove that Linkert lied and he never wanted to talk to them in the beginning, only after they proved that he lied. It was plainly obvious that any extension was an infringement on the property line and Linkert should have talked to them about it then. He stated that accountability is missing here, and thanked City Staff for how they handled this situation. All voted in favor of above motion. Motion carried. RESOLUTION NO. 07-79: RESOLUTION TO APPROVE SIDE LOT SETBACK VARIANCE FOR PROPERTY LOCATED AT 5017 AVON DRIVE. PID #24-117-24-13- 0002. 9. Petition to return "No Parking" signs on the west side of Tyrone Lane Police Chief Jim Kurtz outlined his response to the Tyrone Lane petition, stating that his review of the petition revealed deficiencies in this particular appeal and in the city's overall petition process. He offered a recommendation for the city to adopt regarding a standard policy and procedure for people who wish to add, remove, or alter city street and advisory signage in their neighborhood. Osmek questioned the legality of restricting the petition process in regards to constitutional rights. Specht suggested looking into what other cities are doing. John Dean stated that a no parking sign is not a protected right according to the constitution, but there are protected rights of assembly and petition, and if you have a policy or not you aren't necessarily preventing people from attempting to do that. He would also be interested in how other cities are handling requests like this process. He thinks it makes sense that there are some limitations as to quantity and quality of requests that come before the council. 5 Mound City Council Minutes -September 25, 2007 Regarding the parking on Tyrone, Mike O'Kelly, originator of the petition, stated that since the petition was presented at the last council meeting, the signs have been changed back to their original position, so the subject petition for Tyrone doesn't seem to be an issue any longer. Kurtz stated that he and the Fire Chief both have concerns over staggered parking on Tyrone with regard to passage of emergency vehicles. Veronica Aisawa, 4750 Wilshire, stated that she lives on the corner of Wilshire and Tyrone and the "No Parking From Here To Corner" signs have not been replaced since the street project and requests that they be put back. Staff indicated they will be replaced. MOTION by Skinner, seconded by Specht to remand the petition policy as presented by Chief Kurtz, back to staff and to table the petition to move the No Parking signs on Tyrone until the report is received from staff. Specht withdrew his second. Motion died for lack of a second. Hanus commented that the Tyrone petition is OK because the signs have already been moved back to comply with the request of the petitioners. MOTION by Skinner, seconded by Beise to remand the petition process policy to staff for further study, including samples from other cities on their policies for this. All voted in favor. Motion carried. 10. 2007 Street Reconstruction Proiect Assessment Process Carlton Moore presented a request from staff to delay the assessment hearing for the 2007 Street Project until summer of 2008, when more accurate construction costs are available and the construction is completed. The assessment hearings have been traditionally held in October with estimates on the project costs and assessment amounts and it is feasible that these be delayed until the following summer for more accurate figures. It was also staff recommendation that the Council consider this same practice for future years' street projects. MOTION by Specht, seconded by Beise to delay the street reconstruction project assessment hearing until next summer. All voted in favor. Motion carried. 11. Action on a Resolution to Approve a Public Lands Permit for 4969 Island View Drive Sarah Smith reviewed the request, along with the background of the property which included a minor subdivision in 2005. New house construction at 4969 Island View Drive needs access to Island View Drive. This will require removing six trees and extending the driveway on unimproved Island View Drive. Staff recommends approval with conditions. She continued by stating that actual detail plans for the driveway will come when the permit to open the street is applied for, and stormwater issues have been reviewed by the Watershed District. This is a public roadway, and the applicant simply wants to extend it to get access to his lot. 6 Mound City Council Minutes -September 25, 2007 Neighbors were present and commented on the proposal, expressing concern over tree removal and water run-off. Hanus suggested some revisions in the presented resolution. MOTION by Osmek, seconded by Specht to adopt the following resolution as revised. All voted in favor. Motion carried. RESOLUTION NO. 07-80: RESOLUTION TO APPROVE A PUBLIC LANDS PERMIT FOR 4969 ISLAND VIEW DRIVE 12. Discussion on policy waiver A memo from Kandis Hanson was included in this agenda packet that stated that an upgrade of remote meter readers on all the city's water meters was approved and a policy approved that set the standards for their installation. A Mound resident requested to have their reader installed outside rather than in the basement near the meter, per city standard. After it was explained to him by staff that city policy is to mount them inside next to the meter, he contacted the Mayor with the same request. Hanus agreed with collective staff to install the meter without creating a large public debate. Skinner was made aware of the waiver and pointed out to the Manager that staff lacks the authority to waive policy and make an exception. He also pointed out that no member of the Council has that authority. The outside installation of the subject meter is scheduled for September 27. Hanus clarified that he might have leaned toward just getting the situation taken care of, but definitely offered two options to the City Manager. One was to just take care of it and the other was to bring it to the Council. A policy waiver was not discussed at the time and he thought it would create less problems for others and it was not his intent to have the discussion that will occur tonight. Skinner stated that when the Council approved the contract for the radio reads, included was the policy to mount them all inside, close to the meters. Others have asked to have them mounted elsewhere and were denied. Skinner stated reasons why the readers should be mounted inside, including consistency throughout the city and having only one place to go for repair and maintenance. Now there will be lout of 3600 readers that is in a different location. Hanus stated that he can see the advantage of convenience, but he chooses to err with the resident and doesn't see it as a big issue. Discussion continued regarding the pros and cons of the requirement that the readers be placed inside the home. MOTION by Skinner that all radio readers be installed at the water meter. Motion died for lack of a second. MOTION by Osmek, seconded by Hanus to direct staff to adopt a policy to reflect that any positioning of the radio readers that extends beyond 5 feet from the water meter itself, is the responsibility of the property owner and that the meter can be placed in existing locations at no charge as long as the leads work on the current location. 7 Mound City Council Minutes -September 25, 2007 The following voted in favor: Osmek, Specht and Hanus. The following voted against; Beise and Skinner. Motion carried. John Dean stated that based on the policy decision just made, the outside installation scheduled for September 27th can take place. Discussion took place as to charging the surcharge provided for in the present ordinance. MOTION by Hanus, seconded by Osmek to add to the policy that anyone refusing the MXU reader box anywhere on their property will be subject to the surcharge provided in 610.40, Subd. 8. Those who wish a different location may do so provided that they pay any additional installation costs associated with that installation. The following voted in favor; Osmek, Specht and Hanus. The following voted against; Beise and Skinner. Motion carried. Hanus drafted a proposed change to the code that will be brought back at the next meeting. 13. Miscellaneous/Correspondence A. Comments/reports from Councilmembers -none. B. Reports: Mound Crime Prevention Association Planning/Building Inspection Projects Update C. Correspondence: None D. Other: LMCC Calendar 14. Adiourn MOTION by Osmek, seconded by Specht to adjourn at 11:20 p.m. All voted in favor. Motion carried. Mayor Mark Hanus uL ~~~ Attest: Bonnie Ritter, City Clerk .-, 8