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2007-11-27MOUND CITY COUNCIL MEETING NOVEMBER 27, 2007 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, November 27, 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, Community Development Director Sarah Smith, Public Works Director Carlton Moore, City Engineer Dan Faulkner, Ray & Joyce Bworski, Wilfred & Virginia Rieland, Bernice Putt, Bernice Utechy, Helen Ohnesorge, Delores Lind, Marlys Franklin, James Dolan, Artie Evans, Kathleen Loucks, Majorie Masonde, Alta Noark, Scott Picha, Steve Albert, Kathy Putt, William Clark, Mary Opheim, Lila Egan, Stan Wise, Martin & Jane Carlsen, Michael & Monica Savage, Susan Wilkens, Jason Kyen, Gretchen Witte, Michael Martin, Virginia Webster, Lawrence Flam, Kathy Rolighed, Patricia Ewer, David Mangen, Patrick Salden, Dan Patterson, Jill Krenik, Bobby Vandell, Ronald Bauer, Jay & Lory Gyllen, Debra Schmidt, Mike Schulz, Dale Haug, Robert Heits, Shirley Romness, Scott Cole, Dave & Cathy Olson, Sean Krueger, Kent Musser, Suzanne Claywell, Kurt Weitmann, Steve Schod, Kurt Silton. Consent agenda: All items listed under the Consent Agenda are considered to be routine in nature by fhe 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 The meeting was called to order at 7:30 p.m. by Acting Mayor Osmek. 2. Pledge of Allegiance 3. Approve agenda Kandis Hanson requested moving Item 10 after 7, making it 7A. MOTION by Specht, seconded by Beise to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent agenda Hanus requested the removal of item 4E for discussion. MOTION by Specht, seconded by Beise to approve the consent agenda as amended. Upon roll call vote, all voted in favor. Motion carried. A. Approve payment of claims in the amount of $841,937.65. B. Approve Pay Request No. 8 by Graham Penn-Co, in the amount of $471,858.26 for work on the Mound Transit Center Project C. RESOLUTION NO. 07-92: A RESOLUTION AMENDING THE NO PARKING MAP THAT DESIGNATES CERTAIN STREETS OR PORTIONS OF STREETS WITHIN THE CITY OF MOUND AS NO PARKING ZONES Mound City Council Minutes -November 27, 2007 D. RESOLUTION NO. 07-93: RESOLUTION OF POLICE OFFICER DECLARATION AS IT RELATES TO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION E. (removed) F. RESOLUTION NO. 07-94: RESOLUTION AMENDING AND REPLACING RESOLUTION NO. 04-16 APPROVING A MINOR SUBDIVISION FOR THE PROPERTY LOCATED AT 4852 LANARK ROAD. P8~Z CASE #03-49, PID #24- 117-24-44-0246/24-117-24-44-0247 4E. Approve ordinance amending section 365 of the City Code as it relates to signage (tabled at the 10/23/07 meeting) Hanus questioned what criteria would be used by staff to determine if a sign location is acceptable. Smith stated that it would be looked at if it were in the right-of-way, within the sight triangle, etc. Hanus feels that this criteria should be spelled out in the ordinance if council is giving this authority to staff. MOTION by Specht, seconded by Osmek to remand this item back to staff for further clarification of criteria as discussed above, along with addition that an applicant has the option to come to the council to appeal decision of staff. All voted in favor. Motion carried. 5. Public hearings A. 2008 Street Reconstruction Project Improvement Hearing City Engineer Dan Faulkner reviewed the project as detailed in the feasibility study. Mayor Hanus opened the public hearing at 8:02 p.m. Kathy Loucks, legal counsel for Village By the Bay Association, addressed the Council, stating that the new assessment policy adopted on 11/13 by the Council is not consistent with past practices. The association does not own the property abutting the street that is included in the project, the city does. The association owns the interior roads and is already required to pay assessments for repair/maintenance/replacement for the interior roads. They feel the proposed assessment method is unfair and potentially invalid, and is inconsistent with past policy. She stated that the association intends to enter written objection to this assessment prior to the next hearing. James Dolan, 2280 Cottonwood Lane, asked if there is a way that a resident can be involved in the planning process for the street that they live on. He is not so concerned with the assessment, but would like to see the specifics about the work to be done on his street. Hanus asked him to contact Carlton Moore, Public Works Director, who indicated that he would be happy to meet with Mr. Dolan and/or others. James Holmbeck, 2222 Mill Pond Lane, stated that maintenance of his street has not been adequate. When fixing potholes, crews throw some blacktop in the hole and drive away, and after two sweepings it's all gone. Scott Picha, 2273 Cottonwood, stated he believes that Public Works has done a poor job of maintaining streets. He wants the city to do the right thing regarding soil corrections, 2 Mound City Council Minutes -November 27, 2007 etc, and believes residents need to have input to make the streets better. He doesn't want the city to fool them into believing that the professionals will do the right thing and behave like amateurs. Work should be done property to make streets last for 30 years. He will also like to meet with Carlton Moore. Hanus explained the process of the street reconstruction, and how estimates for the work are determined. Picha asked if property owners would be assessed again if in 2-3 years if is determined that the road needs repair. Hanus stated that the city would be a matter of maintenance that the city would collectively pick up. Scott Cole, 2166 Forest Lane, asked if there will be a specific project manager, and Carlton Moore answered that there are two people involved, an inspector from Bolton & Menk, and also a city staff person. He also stated that if utility work is needed, that this work is paid for out of the utility funds, and is not assessed to owners. Dan Patterson, 2041 Bellaire Lane, stated that Mound Marketplace causes a lot of the traffic on the road and is concerned that that portion be fairly assessed. Upon no further comments being offered, Mayor Hanus closed the public hearing at 8:27 p. m. Hanus stated that in his opinion, most of the retaining walls included in the project are not ready to fall down, and will not fall down in the next 2-3 years. He is opposed to the retaining wall project as a whole. As far as the streets go, he stated they are all in some form of need, but feels some streets in town need repair a lot more than some on this year's project. If he does not vote in favor of this project, this is his reason. Osmek explained the methodology of assessment streets on the street project. The Council continued with discussion on the method of assessment for Village By the Bay, and Beise questioned the legality of the public hearing notice sent to Village By the Bay residents because some residents did not determine from the notice that they were involved in the project. John Dean stated that the notice complies with state statute and includes a description of the streets to be improved, but if the council desires, they can be notified with more clarity, stating that they are included in the project and will be assessed. He did note that the association is represented by counsel tonight, and a number of residents are present, which would make it appear that they did realize they were to be included in this project. If the Council wishes to re-notify the residents of Village By the Bay, they can continue the hearing until the December meeting. MOTION by Osmek, seconded by Specht to continue the public hearing until December 11th and direct staff to send out a more detailed notice to include pertinent information for the Village By the Bay residents. All voted in favor. Motion carried. B. Liquor license violation for Mound VFW Chief Kurtz provided an overview regarding the liquor license violation the V.F.W., which occurred on October 13. This is the third violation since 2006 which was reviewed by the Police Department. The VFW has been notified of the public hearing and issued a fine of $1000. 3 Mound City Council Minutes -November 27, 2007 Deborah Schmidt, Manger, and Harry Fuchs, Commander, appeared. Schmidt stated that since the violations new policies have been implemented to ensure that this doesn't happen again. She asked the council to reduce the fine due to financial struggles. Hanus asked about state law regarding drinks not yet consumed at closing time and Schmidt stated that all drinks are pulled and patrons out of the establishment at 1:00 a.m. Kurtz stated that only cleaning crew and staff can be in the establishment after 1:00 a.m. John Dean stated that the city code states $1000 fine, but does not prevent the council from staying a portion of this amount. Mayor Hanus opened the public hearing at 9:10 p.m., and upon hearing no public comment, closed the public hearing. MOTION by Osmek, seconded by Specht to require payment of $250 of the fine, and stay the $750 balance on the basis that no liquor license violations occur within the next 12 months. Skinner opposed staying a portion of the fine because they are aware of the regulations and should abide by them. Beise expressed concern that it was management that committed the violation, and it happened over an hour after 1:00 a.m. The following voted in favor: Osmek, Specht, Beise, and Hanus. The following voted against: Skinner. Motion carried. The Council is taking no action on revocation or suspension of the VFW's liquor license at this time. Hanus clarified that if a violation occurs within 12 months, not only will the $750 balance be due, but also it will be considered another violation according to the code. 6. Comments and suggestions from citizens present on any item not on the agenda. None were offered. 7. Action on ordinance providing for administrative offenses and nrovidina penalties for violation of the administrative offenses Chief Kurtz outlined the proposed Administrative Citation Program. This proposed program is modeled after administered programs being operated in the cities of Rogers and Corcoran and gives local elected officials control over consequences for minor nuisance and traffic violations and provides due process for people who wish to contest a violation. This program would not be used for alcohol or drug violations. The fine schedule would be based on '/2 of the Hennepin County traffic violations. Hanus stated that residents really like this process. For minor infractions the fine is paid here in Mound rather than at Hennepin County. This process is not being contemplated to raise money, but rather to be more fair and simple for people and not let other agencies add fees to the fine. He stated that until the state passes something that says cities can't do this, he is all for it. MOTION by Beise, seconded by Skinner to pass the following ordinance and direct the City Clerk to put said ordinance in correct form. All voted in favor. Motion carried. 4 Mound City Council Minutes -November 27, 2007 ORDINANCE NO. 13-2007: AN ORDINANCE ADOPTING CHAPTER XII OF THE CITY CODE TO BE TITLED, ADMINISTRATIVE OFFENSES MOTION by Osmek, seconded by Specht to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 07-95: RESOLUTION ADOPTING PENALTIES FOR ADMINISTRATIVE OFFENSES WITHIN THE CITY OF MOUND 7A. Item 10 on original agenda) Planning Commission Recommendation HKGI Planning Consultant Jeff Miller gave a presentation to the Council regarding the proposed 2008 comprehensive plan update which included an overview of the preparation process and highlights of the significant changes to the various chapters of the plan. Miller commented that the preparation and review process, which was led by the Planning Commission, also included formal review by the POSDC at (4) meetings and informed the Council that a public informational meeting was held in July which was followed by the Planning Commission public hearing on October 22, 2007 who recommended that the City Council authorize distribution of the comprehensive plan for the 6-month period for agency review as required by state statute. A resolution from the Planning Commission which formalized its 10/22 recommendation regarding distribution of the 2008 update was formally adopted at its November 19, 2007 meeting. There were no questions from the Council or audience regarding the plan update. MOTION by Osmek, seconded by Specht to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 07-96: RESOLUTION AUTHORIZING DISTRIBUTION OF THE PROPOSED 2008 UPDATE TO THE MOUND COMPREHENSIVE PLAN TO ADJACENT GOVERNMENTAL UNITS AS REQUIRED BY THE METROPOLITAN COUNCIL. 8. Action regarding snowmobile access at Highland End Park Parks Superintendent Jim Fackler gave an overview of the issue, stating that the snowmobile trail at the Highland End was done last year with the Snoblazers Club, and the city could like to have the trail issue resolved before this winter. One option would be to have snowmobile traffic redirected on Highland End based on concerns over safety, noise, etc. The Snowblazers suggested the trail could be moved toward the other side or more central area of the park. This was discussed in length at the Parks, Open Space and Docks Commission and ended in a tie vote. Fackler stated that the access has historically been used as an access to the lake for snowmobiles. Hanus invited members of the audience to speak but asked them to keep comments brief and that their comments at the POSDC meeting were included in the Councl packet, so they would not have to be repeated. Dave and Cathy Olson, 3146 Highland Blvd., provided a handout to the Council with their request to the Council. 5 1 Mound City Council Minutes -November 27, 2007 Doug Houg, 5515 Three Points Blvd., President of the snowmobile club, addressed the Council in support of maintaining access through Highland End for snowmobiles. He stated there has not been any accident there involving a snowmobile and a sledder and feels that the mixed use is very feasible. The club's effort is to separate the two activities to the extent that you can. The City's insurance company has volunteered to assist in a safe and effective marking system for this mixed use. David Mangen, 5975 Ridgewood Road, echoed the Olson's regarding safety issues. He presented the Council with a petition from 32 residents, asking that, in the interest of providing a safe sledding environment for neighborhood children, that the City Council not provide snowmobile access through Highland End Park. He thinks that by allowing access it would be creating an attractive nuisance. Karla Pederson, 6252 Bartlett Blvd., member of the snowmobile club, showed a graphic of the area and proposed location for the access, with safety of utmost concern. Statistics say that if you have a well marked trail, that's the best way to control snowmobile traffic. Mike Savage, 3125 Highland Blvd., stated he would like to point out that he went around the neighborhood and got petition signatures on Thanksgiving weekend and some residents from Twin Parks may have been missed. He noted that he is also a snowmobiler, as are his neighbors, and perhaps most impacted. His main concern is with the safety of the kids. Ron Bauer, 3135 Highland Blvd., passed out a few photos taken after a fresh snow and was concerned with the amount of traffic. He is confused about why the Council would assume obvious risk for safety by allowing snowmobilers to access the lake though this area. He stated that the snowmobile club has demonstrated no hardship if not allowed to use this area. Hanus reviewed the letter from the City's insurance company that gave three options. Osmek stated there is no good solution to mix the two uses together. He thinks the proper solution would be to install a split rail fence on the top and bottom of the park and sign "no motorized vehicles" to stop the snowmobile traffic. Specht expressed concern over the safety of the children. He cited other places in the city where snowmobiles are using places where children are sledding, even through it's illegal. He feels that marking the snowmobile area will make it safer because some snowmobilers will use it anyway. Beise also feels that it would be safer with a designated area for snowmbiles, and agrees with the location in the tree line. Skinner stated that the snowmobilers have just as much right to use the area as sledders, and feels it should be designated and marked as such. Hanus likes the option on the north side better because it is less disturbing to residents, if there is to be a designated trail. Skinner and Specht feel that putting it to the north would expose sledders more. 6 Mound City Council Minutes -November 27, 2007 Osmek does not believe the uses can co-exist and doesn't feel it's a hardship to have the snowmobilers access the lake at a different location. MOTION by Beise, seconded by Skinner to allow the snowmobile trail on the east side of the park for the 2007-2008 snomobiling season and fence accordingly, and follow the insurance carriers recommendation on how to mark this fence, and also to sign the area from lake side so that this area is obvious. When engaging in planning level activities such as this policy, the Council has concluded that the adopted policy best balances the needs of competing uses of park facilities, limited park resources, interests of the community as a whole, interests of those located near the proposed activites. In arriving at the policy decision, the Council has also given consideration to safety issues, financial burdens, economical and social considerations, and possible legal consequences. The following voted in favor: Specht, Beise and Skinner. The following voted against: Osmek and Hanus. Motion carried. 9. Action on variance application by Seton Bluff Homeowners Association Parks Superintendent Jim Fackler stated that a variance for non-conforming docks on Seton Bluff has been issued by the LMCD, and the Seton Bluff Homeowners Association has made some changes to the docks without prior approval from the LMCD. Now the Association would like to amend the variance and this application needs to come from the City as these docks are part of our dock program. The Association has agreed to pay for expenses incurred in the application process. Hanus has concerns about the possible impact on the City's license and if this could open up the program for scrutiny. He is all right with submitting the variance if it won't put something else at risk. Osmek stated that if the LMCD would start enforcing the meandering shoreline regulations, the City would want to withdraw the variance amendment application. MOTION by Osmek, seconded by Specht to proceed with the variance to the LMCD with the document to be prepared by staff that will outline the conditions and terms associated with the request, including but not limited to fees, and will also include the city's ability to withdraw the application. All voted in favor. Motion carried. 10. (see 7A) 11. Action approving minutes MOTION by Specht, seconded by Osmek to approve the minutes of November 13, 2007. The following voted in favor: Osmek, Specht, Beise, and Skinner. The following voted against: None. Mayor Hanus abstained as he was absent from that meeting. Motion carried. 12. Miscellaneous/Correspondence A. Comments/reports from Councilmembers B. Reports: Public Works Facility Open House feedback 7 1 1 D Mound City Council Minutes -November 27, 2007 13. Adjourn MOTION by Specht, seconded by Osmek to adjourn at 11:20 p.m. All voted in favor. Motion carried. / f Get-~2,c..-L ~G~ , Attest: Bonnie Ritter, City Clerk ~_-_ Mayor Mark Hanus 8