2010-04-13 CC Meeting MinutesMOUND CITY COUNCIL MINUTES
APRIL 13, 2010
The City Council for the City of Mound, Hennepin County, Minnesota, met in regular session on
Tuesday, April 13, 2010, at 7:30 p.m.
Members present: Mayor Mark Hanus; Councilmembers David Osmek, Ray Salazar, Heidi
Gesch, and Greg Skinner.
Others present: City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community
Development Director Sarah Smith, City Planner Rita Trapp, Public Works Director Carlton
Moore, Rick Jostrom, Robert Howell, Jim Jasper, Steve Hewitt, Sue & Mark Jensen, Petra
Schwartle, Dan Nepp, Jack Kimball, Kurt Ostrowski, Grace Hewitt, Gretchen Hewitt
Consent agenda: All items listed under the Consent Agenda are considered to be routine in
nature by the Council. There will be no separate discussion on these items unless a
Councilmember or citizen so requests, in which event it 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 Osmek, seconded by Salazar to approve the agenda. All voted in favor. Motion
carried.
4. Consent agenda
Hanus requested the removal of Items D,E, and G. Skinner requested the removal of Items B
and K.
MOTION by Osmek, seconded by Salazar to approve the consent agenda as amended. All
voted in favor. Motion carried.
A. Approve minutes of March 23, 2010
B. (removed)
C. RESOLUTION NO. 10 -17: RESOLUTION OF MSA STREET REVOCATION
D. (removed)
E. (removed)
F. RESOLUTION NO. 10 -18: RESOLUTION APPROVING A PREMISES PERMIT RENEWAL
APPLICATION FOR THE AMERICAN LEGION POST 398
G. (removed)
H. Approve final payment to Walker Parking Consultants in the amount of $80,270.00 for
Transit Center and Deck
I. RESOLUTION NO. 10 -19: RESOLUTION OF SPONSORSHIP AS RELATED TO THE
SOUTHWEST TRAILS SNOWMOBILE ASSOCIATION
J. Approve appointment of Robert Brose to the Parks and Open Space Commission as
recommended
K. (removed)
Mound City Council Meeting —April 13, 2010
413. Approve payment of claims
Skinner asked that this be removed from the consent agenda because of a payment he has in
this batch of claims.
MOTION by Osmek, seconded by Gesch to approve payment of claims in the amount of
$518,215.15. Upon roll call vote, the following voted in favor: Osmek, Salazar, Hanus and
Gesch. The following voted against: None. Skinner abstained.
4D. 2010 Seal Coat and Crack Sealing Project
Hanus stated the information in the packet says that the funds are available for this project, and
asked where the funds are coming from. Moore stated that there is state aid money and money
from the seal coat fund.
MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 10 -20: RESOLUTION AUTHORIZING THE 2010 SEAL COAT AND
CRACK SEALING PROJECT AND DIRECT STAFF TO RECEIVE QUOTES FOR THE
PROJECT
4E. Approve Resolution Ordering Preparation of report on Lift Station Replacement
Program for 2010
Hanus asked if we have an estimate on cost available and Moore stated that it depends on how
many lift stations are done. If we do four, the project will probably be about $1 million. Hanus
asked if bonding is the source of funding and Moore stated that it could be paid for by bonding,
with support from the utility fund. Salazar asked what the cost of the report would be and Moore
answered that it would be $5,000 - $7,000, and the information contained would still apply a
year from now if the Council decides not to go ahead with the project.
MOTION by Osmek, seconded by Gesch to adopt the following resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 10 -21: RESOLUTION ORDERING PREPARATION OF REPORT ON LIFT
STATION REPLACEMENT PROGRAM FOR 2010
4G. Approve expenditure to install dock bumpers on Villa docks
Jim Fackler brought forward a recommendation from the Docks and Commons Commission to
install dock bumpers on the Villa docks at a cost of $2,996.00, and to be reimbursed for this cost
by spreading this amount among the Villa dock holders in 2011.
MOTION by Osmek, seconded by Gesch to accept the bid of $2,996.00 for docks bumpers for
the Villa docks. All voted in favor. Motion carried.
Osmek stated that the Villa dock holders are already paying a hefty fee for use of those docks
and that payment for the bumpers should come from the docks fund, not assessed to the
owners. We wouldn't charge people on multiples for something like this, and if needed these
bumpers should have been part of the initial construction.
Mound City Council Meeting —April 13, 2010
MOTION by Osmek, seconded by Gesch to have the $2,996.00 for the dock bumpers come
from the docks fund balance. The following voted in favor: Osmek, Hanus, Gesch and Skinner.
The following voted against: Salazar. Motion carried.
5. Comments and suanestions from citizens present on any item not on the agenda.
None were offered.
6. Swearing in of Robert Brose to the Parks and Open Space Commission
Kandis Hanson swore Robert Brose in as a new member of the Parks and Open Space
Commission.
7. Planning Commission Recommendations
A. Review of request to consider release /sale of city -owned parcels at 3010/3026 Brighton
Boulevard
Sarah Smith explained that the Planning Commission and city staff recommend to the Council
that the subject parcels not be considered for possible release /sale until such time as the future
reconstruction of Brighton Boulevards is completed. The request to release these parcels is
coming from Rich Jostrom, owner of the property at 3018 Brighton, and Smith stated that other
abutting property owners may also have an interest in these parcels.
Osmek stated that he agrees that it is possible that the corner lot at 3010 may be needed for
future construction, but not 3026.
Discussion followed regarding the possible reconfiguration of Brighton in that area and the affect
it would have on these lots. Skinner feels that it is premature to release these lots because it is
not known what will be needed for improvement of this MSA street.
Rich Jostrom stated that he still has an interest in the corner lot, but his main goal is to obtain
the 3026 lot, which he has been maintaining for the last 22 years.
MOTION by Osmek, seconded by Gesch to direct staff to begin release procedures for the lot at
3026 Brighton Blvd, and consideration will only be given to release this lot to adjacent property
owners and they must attach the parcel to their existing parcel.
Jim Jasper, 3018 Churchill, stated he abuts the rear of the lot and is concerned over it becoming
a storage lot because Jostrom already stores things there. Hanus stated that there are
restrictions on exterior storage that will have to be adhered to.
Upon vote taken on the above motion, the following voted in favor: Osmek, Salazar and Gesch.
The following voted against: Hanus and Skinner. Motion carried.
Smith will come back to the Council with a punch list of steps needed to proceed with the
release /sale of 3026 Brighton Blvd.
B. Discussion /Action on PC Case No 10 -01: Variances for reconstruction of single - family house
at 4309 Wilshire Blvd. Applicant: Tea2 Architects - Owners: Mark Jensen /Susan Pennington
Rita Trapp reviewed the request for two setback variances to allow for the removal and
replacement of the existing home at 4309 Wilshire Blvd. One variance request is to allow the
Mound City Council Meeting —April 13, 2010
home to continue to be within the 50 foot setback of Lake Minnetonka's ordinary high water
level of 929.4 feet. The second variance is to allow the eaves to encroach into the front and
side setback areas.
The Planning Commission and staff recommend approval of the OHWL variance and denial for
the eave variance. The applicant is requesting an additional 1.5 feet on the south side and 2
feet on the west. The concern of the Planning Commission is stormwater management.
MOTION by Osmek, seconded by Salazar directing staff to draft a resolution of approval to
allow the home to continue to be within the 50 foot setback of Lake Minnetonka's ordinary high
water mark of 929.4 feet. All voted in favor. Motion carried.
MOTION by Skinner to direct staff to prepare a resolution denying the variance request for the
eaves. This motion died for lack of a second.
Dan Nepp and Petra Schwartle, architects for the project, addressed the Council with the
argument that denial will result in them having to redesign as it will affect the staircase, as well
as a bedroom and bathroom on the second floor. Hanus stated that there are things that can be
done with design to bring the eaves into compliance. Discussion continued on design options
for the roof and eaves that would comply with city code, and Osmek made a point of order that
the Council is not to get into the design of the project, but if there is a practical hardship that
warrants a variance.
MOTION by Osmek, seconded by Salazar directing staff to draft a resolution of denial to allow
eaves to encroach into the front (west) and side (south) setback areas. All voted in favor.
Motion carried.
8. Dick Osaood of Lake Minnetonka Asso ciation with Phelps Bay milfoil treatment
progress report and fundina request
Dick Osgood presented a progress report on the milfoil treatment, stating that the program was
initiated in 2008 and is about to provide the third annual treatment for Eurasian watermilfoil
control, curlyleaf pondweed control and native plant protection to Phelps Bay. The report
included a budget review from 2008 to 2010.
Hanus wants to assure that Mound is not subsidizing other cities. An email he received shows
that Mound has 30% of the shoreline, Minnetrista has 30% and Shorewood has 40 %, yet
Mound's dollar contribution is more than the other two combined. Osgood stated that one
difference is that Mound is all public ownership and the other cities include private ownership as
well. Hanus requested an accounting by city that shows amount of shoreline compared to
money donated.
It was noted that the City of Mound has budgeted $10,000 for treatment in 2010, and the Lake
Minnetonka Association is requesting $6,000 to $8,000 for 2011. This will be discussed during
the 2011 budget cycle. No action taken at this time.
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Mound City Council Meeting —April 13, 2010
9. Discussion /action reaardina proposed MCWD Rule F revision and authorizing formal
comment from the City of Mound
Sarah Smith stated that the MCWD released a revised set of proposed new Rule F (shoreline
and streamline stabilization) and Rule D (wetland protection) dated March 15, 2010 at a meeting
held on March 17, 2010 which are currently out for public comment until April 12, 2010. Staff
has submitted a written request to the MCWD requesting that comments from the City of Mound
will be allowed to be submitted by April 30, 2010 so as to provide adequate time for staff
research and Council discussion related to the proposed new rules. Also included in the
council information was a strike -out version of the proposed rule revisions as recommended by
the City of Mound.
It was the consensus of the Council that Smith is proceeding in the right direction and to
continue, and it was noted that the public comment period is still open if residents of Mound
wish to express their opinions. The public hearing will be held sometime in June.
10. Set special workshop to discuss the future of the CBD Parking Prouram
MOTION by Osmek, seconded by Salazar to set a special workshop on Tuesday, April 26, 2010
at 6:30 p.m. to discuss the future of the CBD Parking Program. All voted in favor. Motion
carried.
11. Approve minutes
MOTION by Osmek, seconded by Salazar to approve the minutes of March 16, 2010 as
amended. All voted in favor. Motion carried.
MOTION by Osmek, seconded by Salazar to approve the minutes of March 17, 2010. The
following voted in favor: Osmek, Salazar, Hanus and Gesch. The following voted against: none.
Skinner abstained from voting because he was not at that meeting. Motion carried.
12. Miscellaneous /Information
A. Comments /reports from Councilmembers /City Manager
B. Reports: Finance Dept. — March 2010
Harbor Wine & Spirits — March 2010 — Osmek commented that there is a
$13,591 increase in sales over the same period in 2009.
C. Informational: FY 2011 Federal Appropriation Forms submitted to Sen. Franken 3/5/10
Western Area Fire Training Academy
D. Correspondence: Letter from Sojourn Suites LLC providing notification of intent to operate
at 5724 Lynwood Blvd.
13. Adjourn
MOTION by Osmek, seconded by Salazar to adjourn at 10:05 p.m. All voted in favor. Motion
carried. 4
Z6 "!� Mayor Mark Hanus
Attest: Bonnie Ritter, City Clerk