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2009-11-24MOUND CITY COUNCIL MINUTES NOVEMBER 24, 2009 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, November 24, 2009, at 7:30 p.m. in the council chambers of city hall. Members present: Mayor Mark Hanus; Councilmembers David Osmek, Ray Salazar, Heidi Gesch, and Greg Skinner. Others present: City Attorney John Dean, City Manager Kandis Hanson, Community Development Director Sarah Smith, Park Superintendent Jim Fackler, Dock Administrator Katie Hoff, Bruce & July McKeeman, Brian Benson, Jeff Doley, Don Kaiser, Kester Barhelor, Sarah Locken, Milton Hysjulien, Rich Stanek 1. Open meeting Mayor Hanus called the meeting to order at 7:31 p.m. 2. Pledge of Allegiance Mayor Hanus recognized the members of Mr. Kuehl's Westonka High School Government Class, and Michala Hoff from Holy Family Catholic High School in Victoria, that are attending this evening's meeting 3. Approve agenda Hanson requested the removal of 4C, and Item 7. MOTION by Osmek, seconded by Salazar to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent agenda Osmek requested the removal of 4D, and Skinner requested the removal of 4A. MOTION by Osmek, seconded by Gesch to approve the consent agenda as amended. All voted in favor. Motion carried. A. (removed) B. Approve minutes from the November 10, 2009 regular meeting. C. (removed from agenda) D. (removed) E. RESOLUTION NO. 09 -96: RESOLUTION APPROVING A 1 -YEAR EXTENSION REGARDING THE CITY APPROVALS FOR WOODLYN RIDGE MAJOR SUBDIVISION F. RESOLUTION NO. 09 -97: RESOLUTION APPROVING A 1 -YEAR EXTENSION FOR VARIANCE FOR PROPERTY AT 2933 CAMBRIDGE LANE G. RESOLUTION NO. 09 -98: RESOLUTION APPROVING FRONT YARD VARIANCE FOR PROPERTY AT 1890 SHOREWOOD LANE H. RESOLUTION NO. 09 -99: RESOLUTION APPROVING THE RELEASE OF TAX FORFEITED PROPERTY AT 3101 TUXEDO BOULEVARD. PID #19 -117- 23 -34 -0063. Mound City Council Minutes — November 24, 2009 4A. Approve Payment of Claims Skinner requested that this be removed from the consent agenda so he can abstain from voting because he has a claim in this batch of claims. MOTION by Osmek, seconded by Gesch to approve the payment of claims in the amount of $1,037,801.03. The following voted in favor: Osmek, Salazar, Hanus, and Gesch. The following voted against: None. Skinner abstained from voting. Motion carried. 4D. Approve Applicatio to Con duct Bingo by Knights of Columbus MOTION by Gesch, seconded by Salazar to approve the application from Knights of Columbus to conduct Bingo on 1/23, 3/20, and 11/13, 2010. The following voted in favor: Salazar, Hanus, Gesch and Skinner. The following voted against: None. Osmek abstained from voting because he is a member of the Knights of Columbus Organization. Motion carried. 5. Comments and suggestions from citizens present on any item not on the agenda None were offered. 6. Sheriff Rich Stanek, Hennepin County Hennepin County Sheriff Rich Stanek appeared before the Council and gave an overview of Hennepin County Law Enforcement activities and procedures, and how the Hennepin County Sheriff's Department works hand in hand with local Police Departments. 7. (removed from agenda) 8. Recommendations for language changes in Mound Administrative Code John Dean explained that he was earlier in contact with Councilmember Skinner, as well as the City Manager, concerning this matter and the issue of a potential conflict of interest. He informed Skinner that it is his view that from a legal standpoint, Councilmember Skinner does have a conflict of interest in this matter, and the decisions being made would result in a financial benefit to him, and as a result of that determination it's Dean's recommendation to Skinner that he not participate in the discussions or the vote on these matters. A recent conflict of interest policy adopted also states that under certain circumstances the Councilmember should also leave the dais and, either leave the room or sit near the back of the room. Dean's recommendation to Skinner is that when the matter is called he leaves the dais, and if he leaves the room or sits in the rear of the room, is his decision. Beyond the conflict of interest issue is whether or not the Administrative Code constitutes an employment contract. If it constitutes an employment contract, there is a separate set of rules that needs to be addressed as well. Going back to an Attorney General's opinion, the AG did opine that the Administrative Code did not constitute an employment contract. The AG also said that, notwithstanding the fact that it did not constitute an employment contract, we still should assume that it does and take whatever procedures would be require if it constitutes an employment contract. When the Council reaches the point where it's ready to take official action on this matter, if the action is to approve the amendments to Mound City Council Minutes — November 24, 2009 the Administrative Code, Dean will be proposing a resolution for adoption that is mandated by state statute to be adopted in situations where there is an employment contract or contract being made between a Councilmember in a private capacity, such as an employee of the city. Skinner stated that he intends to step down during this discussion, and did so at this point in the meeting Sarah Smith, representing the Administrative Code Committee, reviewed the proposed changes to the Administrative Code. Hanus stated that he and Salazar, as members of the Personnel Committee, discussed these changes previously and there are not any costs out of pocket to the City in these proposed changes. MOTION by Osmek, seconded by Salazar to adopt the following resolution, including the proposed changes to the Administrative Code. The following voted in favor: Osmek, Salazar, Hanus and Gesch. The following voted against: None. Skinner abstained from voting on this motion. Motion carried. RESOLUTION NO. 09 -100: RESOLUTION ADOPTING ESSENTIAL FACTS AND DETERMINING THAT CONTRACT PRICE IS AS LOW AS COULD BE OBTAINED 9. Overview of proposed utility rates for 2010 and new water conservation law Catherine Pausche addressed the council regarding State Statute 103G.291, Subd. 4, which includes a requirement for public water suppliers serving more than 1,000 people to adopt a water rate structure that encourages conservation (i.e, a tiered rate structure). The proposed increase in rates is not only to comply with a tiered water rate structure, but also a need to respond the growing expenditures in the utility funds as a result of all of the infrastructure improvements that have been made. Formal adoption of the utility rates will take place at the December 8 th Council meeting when a new fee schedule will be adopted. Salazar disagrees with the DNR mandate and can't go along with that. Hanus stated that was his first reaction, but they are trying to get cities to conserve more water. No action requested at this time. 10. Sarah Smith, Community Development Director A. Planning Case No. 09 -15A — Variance at 1744 Avocet Lane — Bruce & Judy McKeeman. Staff presented the variance application from Bruce and Judy McKeeman for the property at 1744 Avocet Lane to allow a front setback of 18.8 FT for a deck to porch conversion project which is part of a construction project currently underway and also provided a history of construction activity on the site including a 1994 variance for a lower deck and 2002 building permit which included construction of both upper /lower decks in the subject area which is now proposed to be enclosed. Staff noted that a building permit for the deck to porch conversion project was issued in September 2009 subject to conditions including modification of the porch on the front side to meet the 20 FT front setback as well as hardcover to be within the required 40 percent and further commented that the building permit application submitted materials showed conformity with the 40 percent allowance but new information from the applicant's surveyor showed the property to be over by 258 SF. Staff's preliminary review of the new hardcover sheet from the surveyor indicated that an additional 86 SF needs to be included in the new Mound City Council Minutes — November 24, 2009 calculation which would be subject to additional review including whether or not the wooden retaining walls should be included or excluded. The applicants have mentioned that the driveway will be modified and replaced with pervious pavers to meet the hardcover allowance. Staff did not support the variance of the requested variance application due to lack of hardship because the project could be modified and still meet the intended task. The application was reviewed by the Planning Commission at its November 17, 2009 meeting with a recommendation for approval subject to findings that the same line is being maintained and modification of the porch without a variance renders the subject area unusable. Bob Pierce, 1741 Avocet Lane, was present at the meeting and expressed concern about the hardcover overage and maintenance issues on the building and site and also distributed photos of the subject site. Osmek mentioned that the maintenance issues are not related to the Council's discussion of the requested variance. Discussion with Staff and the applicant also took place with regard to the timing of the hardcover modifications. Mayor Hanus acknowledged Smith who presented a draft resolution to approve the variance to the City Council and noted that standard practice is not to do a resolution when there are differing recommendations, however, due to extenuating circumstances with this application which includes a building permit and project under construction, a draft resolution was prepared for consideration based on the submitted materials and Planning Commission recommendation so as not to further delay construction which was then reviewed by the City Council. MOTION by Osmek, seconded by Salazar to adopt the following resolution as presented with the inclusion of the additional findings of fact: d. The deck to porch enclosure does not place the structure further into the front yard than the area occupied by the existing structure. e. City provided tacit approval of existing structure via 2002 building permit and final inspection without a variance. f. Removal of hardcover (i.e. shed /driveway replacement, etc.) will bring the property into compliance with regulations and is viewed as favorable. g. Removal of shed removes bulk along neighboring property line. Discussion Gesch stated that the 2 nd sentence in paragraph 2 (c) of the resolution should be removed. Mound City Council Minutes — November 24, 2009 Mayor Hanus offered the following additional finding of fact which was accepted as a friendly amendment by Osmek and Salazar: h. When the boulevard is considered, the practical non - conformity becomes approximately one (1) foot. The following voted in favor: Osmek, Salazar, Gesch and Hanus. The following voted against: Skinner. Motion carried. RESOLUTION NO. 09 -101: RESOLUTION TO APPROVE A FRONT SETBACK VARIANCE FOR PROPERTY LOCATED AT 1744 AVOCET LANE B. Discussion /action regarding notification to Metropolitan Council regarding the expenditure of funds under Council Grant No. SG004 -129 for parking structure in Auditor's Road within established timeline. Sarah Smith presented a proposed cover letter and draft resolution for consideration /action by the City Council regarding the grant agreement with the Metropolitan Council (Grant No. SG004 -129) for the proposed parking structure to be constructed in the Auditor's Road District which expires on June 30, 2010. Due to current market conditions and the Metropolitan Council's 2009 policy regarding Livable Communities grants which allows for only one (1) grant extension, and does not include an option for a second extension, the City's ability to proceed with the project or apply for an additional extension is not feasible. Mayor Hanus suggested the inclusion of the following additional clause in the resolution: BE IT FURTHER RESOLVED, the City of Mound intends to continue with development of the Auditor's Road District, and would like to retain the grant funds to assist it in the development, but has been informed that is not an option. MOTION by Hanus, seconded by Salazar to adopt the following resolution to include the additional language suggested by Mayor Hanus. All voted in favor. Motion carried. RESOLUTION NO. 09 -102: RESOLUTION NOTIFYING THE METROPOLITAN COUNCIL REGARDING OBLIGATION FOR EXPENDITURE OF FUNDS UNDER COUNCIL GRANT NO. SG004 -129 WITHIN ESTABLISHED TIMELINE 11. Jim Fackler, Parks Superintendent, with overview of Dock Program budget, requesting action on 2010 Dock and Slip Fees Greg Skinner brought up a possible conflict of interest with David Osmek and Ray Salazar as participants in the dock program making decisions on participant fees. John Dean stated he's discussed this in terms of a legal conflict. Council members Osmek and Salazar would be benefited by a reduction in fees, but their interest is indistinguishable from the general public interest as a large number of other individuals participate in the dock program, and from a legal standpoint there is no conflict of interest. Under the recently adopted Conflict of Interest Policy, it is up to the council to Mound City Council Minutes — November 24, 2009 1 1 i resolve if it is a dual role issue. Discussion followed and Mayor Hanus stated it's not a dual interest and the discussion moved forward. Jim Fackler discussed the budget included in the packet. At the November 17, 2009 Docks and Commons Commission meeting a motion passed to reduce additional BSU fees and personal watercraft fees from $150.00 to $75.00, and a motion passed to increase Villa fees from $525.00 to $800.00. A motion was brought forward to decrease dock and slip fees by $50 for the year 2010, however this motion had no second. Fackler summarized the spreadsheet included in packet and stated the impacts of proposed fee changes. Fackler expressed concerns for funding anticipated large future projects for riprap and dredges. Osmek commented the proposed Villa fee increases are a reflection of costs incurred for insurance, electricity and water at the Villas that are not incurred elsewhere in the dock program. Osmek stated to be fair to the Villa participants, their fee should be reduced by $50.00, and this would bring the fee from $800.00 to $750.00. Hanson stated there may be mandated changes coming from the LMCD and we may need funds to accommodate those mandates. MOTION by Osmek, seconded by Hanus to increase the Villa fee from $525.00 to $800.00, reduce the additional BSU fee and personal watercraft fee from $150.00 to $75.00, and for 2010 only, reduce the dock fee from $300.00 to $250.00, slip fee from $350.00 to $300.00 and Villa fee from $800.00 to $750.00. Salazar expressed concern about the villa expenses. Discussion followed. The following voted in favor: Osmek, Salazar, Hanus and Gesch. The following voted against: Skinner. Motion carried. 12. Miscellaneous /Correspondence A. Comments /reports from Councilmembers B. Reports: Finance Department — Oct 2009 Fire Commission Agenda — November 18, 2009 C. Minutes: Parks & Open Space Commission — November 12, 2009 Planning Commission — November 17, 2009 D. Correspondence: Resignation of Tim Hughes, CSO Letter from Mediacom 13. Adjourn MOTION by Osmek, seconded by Salazar to adjourn at 10:53 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk A ItL LAY= Mayor Mark Hanus