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2003-10-14MOUND CITY COUNCIL MINUTES OCTOBER 14, 2003 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, October 14, 2003, at 6:00 p.m. Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mark Hanus, David Osmek and Peter Meyer. Others Present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, City Planner Loren Gordon, City Engineer John Cameron, Chuck Alcon, Jim Dailey, Don Geiger, Amy Cicchese, Christine Anderson, Doug Berdie, Ann Eberhart, Rhonda Nelson, David Hanson, Steve Matheson, James Veit, Cathy Veit, Jill Moen, Matthew Orinstien, Steve Matheson. 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 the item will be removed from the Consent Agenda and considered in normal sequence. 1. OPEN MEETING Mayor Meisel called the meeting to order at 6:15 p.m. at the Public Safety Facility, as posted. 2. TOUR OF PUBLIC SAFETY FACILITY Following the tour of the public safety facility, Mayor Meisel recessed the meeting, to reconvene at City Hall. 3. CONTINUE MEETING TO CITY HALL COUNCIL CHAMBERS 4, RECONVENE MEETING Mayor Meisel reconvened the meeting in the council chambers of city hall at 7:30 p.m. 5. PLEDGE OF ALLEGIANCE 6. APPROVE AGENDA Brown requested the addition of item 13A, Motorized Scooters MOTION by Brown, seconded by Osmek to approve the agenda as amended. All voted in favor. Motion carried. 7. CONSENT AGENDA Hanus requested the removal of items 7G and 71, for the purpose of discussion. Mound Council Minutes - October 14, 2003 MOTION by Brown, seconded by Osmek to approve the consent agenda as amended. Upon roll call vote, all vote in favor. Motion carried. A. Approve minutes of September 23, 2003 regular meeting B. Approve payment of claims in the amount of $589,143.42. C. Approve final payment request to Landwehr Construction for $1,959.75. D. Approve Payment Request No. 1 to Environmental Associates for $135,976.89, for the Lost Lake Greenway project. E. Approve Payment Request No. 1 to Traut Wells for $45,286.50 for Municipal Well No. 8. F. Approve Payment Request No. 3 to Valley Paving, Inc., for $63,083.30 for the 2003 Street Reconstruction Project. G. (removed) H. Approve Supplemental Agreement No. 1 for $11,385.00, with Environmental Associates, Inc., for the Lost Lake Greenway Project I. (removed) 7G. CASE #03-42: JENSEN VARIANCE FOR LAKESIDE SETBACK - 2684 WILSHIRE BLVD. Hanus requested the removal of the 5th "whereas" paragraph on packet page 3780. Hanus also questioned the setback of the shed on the proposed property, and if it should be considered for a variance at this time if it's non-conforming. John Dean suggested not to consider the shed at this time because it hasn't been addressed to this point with this case, and if the shed were legal when built it can remain until it needs to be replaced, then it needs to meet the code requirements. MOTION by Osmek, seconded by Brown to adopt the following resolution as amended. The following voted in favor: Brown, Meisel, Osmek and Meyer. The following voted against: None. Councilmember Hanus abstained because of the shed setback issue. Motion carried. RESOLUTION NO. 03-85: A RESOLUTION TO APPROVE A LAKESHORE SETBACK VARIANCE TO ALLOW REPLACEMENT OF A DECK AND CONSTRUCTION OF A GAZEBO AT 2684 WlLSHIRE BOULEVARD, P&Z CASE #03-42, PID #24-117-24-13-0031. 71. ACTION AMENDING SECTION 800.00 OF THE CITY CODE AS IT RELATES TO INTOXICATING LIQUOR LICENSES MOTION by Hanus, seconded by Osmek to pass the following ordinance as amended. All voted in favor. Motion carried. ORDINANCE NO. 10-2003: AN ORDINANCE TO AMEND SECTION 800.00 OF THE CITY CODE AS IT RELATES TO INTOXICATING LIQUOR LICENSES 2 Mound Council Minutes - October 14, 2003 8, COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT ON THE AGENDA Jill Moen, 1580 Heron Lane, appeared before the Council with pictures illustrating the driveway installed by her neighbor. The neighbor paid for with the 2003 Street Reconstruction project, and now has two driveway aprons, and a circular drive on his property, which he covered with woodchips. Moen's question was who is going to clean up the woodchips when they wash onto her property and into the lake and stormsewers. John Cameron was under the impression that this driveway was going to be gravel, not woodchips, but there is nothing in the current city code that dictates the finish on a driveway. After discussion, it was decided that the ordinance regarding driveways will be referred to the Planning Commission for discussion and recommendations. The Council will then revisit this topic at a future meeting. 9. PUBLIC HEARINGS A. 2003 Central Business District Parkinq Maintenance Mayor Meisel opened the public hearing at 7:57 p.m. and closed the hearing at 7:58 p.m. after no comments were offered. MOTION by Brown, seconded by Osmek to adopt the following resolution. The following voted in favor: Brown, Hanus, Osmek and Meyer. The following voted against: None. Mayor Meisel abstained as she owns property within the CBD. Motion carried. RESOLUTION NO. 03-86: RESOLUTION ADOPTING 2003 CBD PARKING MAINTENANCE ASSESSMENT ROLL TO BE CERTIFIED TO THE COUNTY AUDITOR AT 6% INTEREST. LEVY #15856 B. Delinquent Sewer and Water Bills Mayor Meisel opened the public hearing at 8:00 p.m. and closed the hearing at 8:01 p.m. after no comments were offered. MOTION by Hanusk seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 03-87: RESOLUTION ADOPTING 2003 DELINQUENT WATER & SEWER ASSESSMENT TO BE CERTIFIED TO THE COUNTY AUDITOR AT 6% INTEREST, LEVY #15858 C. Water Line Relocation at 2560 Avon Mayor Meisel opened the public hearing at 8:02 p.m. and closed the hearing at 8:03 p.m. after no comments were offered. MOTION by Brown, seconded by Hanus to adopt the following resolution. All voted in favor. Motion carried. Mound Council Minutes - October 14, 2003 RESOLUTION NO. 03-88: RESOLUTION ADOPTING ASSESSMENT FOR WATER LINE RELOCATION AND CERTIFYING TO THE COUNTY AUDITOR AT 6% INTEREST, LEVY #15857 D. 2003 Street Reconstruction Project City Engineer John Cameron reviewed the project and the preliminary estimates versus the final project costs. He presented a final assessment roll to the Council that reflected that the final projects costs were less than the preliminary assessment roll indicated. Mayor Meisel opened the public hearing at 8:14 p.m. Doug Berdie, 5028 Enchanted Lane, asked if the project is complete and Cameron stated that it is basically done. Berdie asked if less work was done than originally anticipated and Cameron informed him more work had to be done on Crestview and Gull than anticipated. Berdie asked if the $11.08/lineal foot includes driveways and was informed that it does. Jill Moen, 1580 Heron Lane, asked about her property assessment, because she actually has no frontage on the improved street, as her driveway comes off of a corner. Cameron explained that she was assessed for the 40' minimum, in accordance with the city's assessment policy. Matthew Orinstien, 4925 Glen Elyn Road, asked about how the interest rate was decided and was informed it was based on the bond rate, administration charges, etc. Steve Matheson, 4944 Crestview, got clarification on how his two lots were assessed. Mayor Meisel closed the public hearing at 8:25 p.m. MOTION by Brown, seconded by Hanus to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 03-89: RESOLUTION ADOPTING ASSESSMENT FOR 2003 STREET RECONSTRUCTION PROJECT - LEVY #15860. E. Miscellaneous Assessments Mayor Meisel opened the public hearing at 8:30 p.m. and closed the hearing at 8:31 p.m. after no comments were offered. MOTION by Osmek, seconded by Hanus to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 03-90: RESOLUTION ADOPTING ASSESSMENT FOR MISCELLANEOUS PROPERTY IMPROVEMENTS AND CERTIFYING TO THE COUNTY AUDITOR AT 6% INTEREST, LEVY #15859 4 Mound Council Minutes - October 14, 2003 10. PUBLIC SAFETY FACILITY - DON GEIGER OF AMCON A. Action Awardinq Fencing Contract Geiger informed the Council that he is not asking for action on this item because since receiving bids they have found possible ways to save some money and will have a revised request for the next meeting. B. Action Releasinq $10,000 of General Conditions Funding MOTION by Osmek, seconded by Brown to approve the release of $10,000 of General Conditions Funding to be used for add-alternates. All voted in favor. Motion carried. Geiger indicated that the ' is still under budget and on schedule for December 1st 17th p roJect completion. January is scheduled for the grand opening and tours. 11. LANGDON TRAILS A. ACTION ON FINAL PLAT Loren Gordon reviewed the final plat resolution and conditions contained therein. He stated staff has reviewed the drainage concerns expressed by the neighbors and is comfortable with the solution. He stated that the original applicant, WARA real estate has turned over their authority to a partner, Kelly Downey, who will be managing the project from the development side. Chuck Alcon of WARA will still be involved with the progress of the building of the homes, etc. MOTION by Brown, seconded by Hanus to approve the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 03-91: RESOLUTION GRANTING FINAL PLAT APPROVAL FOR THE LANGDON TRAILS RESIDENTIAL DEVELOPMENT. P&Z CASE #03-44, PID #14-117-24-34-0004. B. Early Start Aqreement Gordon stated the applicant is requesting an early start agreement to accommodate installation of utilities, curb and Class 5, prior to recording of the plat so that construction of three single-family homes may commence. MOTION by Brown, seconded by Osmek to approve the Early Start Agreement with KMB Development, LLC, with regards to Langdon Trails. All voted in favor. Motion carried. C. Stormwater and Erosion Control Permit Application MOTION by Brown, seconded by Hanus to adopt the following resolution as amended. All voted in favor. Motion carried. 5 Mound Council Minutes- October 14, 2003 RESOLUTION NO. 03-92: RESOLUTION APPROVING THE STORMWATER MANAGEMENT AND EROSION CONTROL PERMIT APPLICATIONS FROM KMB DEVELOPMENT, LLC FOR LANGDON TRAILS, A 13-LOT RESIDENTIAL SUBDIVISION. PID #14-117-24-34-0004. 12. ACTION ON FLOODPLAIN ALTERATION PERMIT - SARENPA, 5446 BARTLETT BLVD. Sarah Smith reviewed the application for an after the fact permit to get the property in compliance with local and state rules. Staff recommends approval which is supported with the proposed resolution. Meyer asked if a permit is needed for this under city code subsection 350.1100. Smith responded that city staff has determined that a permit under city code does not apply because the wetland boundary for this area is established by the 929.4 ordinary high watermark, as officially adopted pursuant to 350.1115, and the wetland activities on this parcel are located at the 929.6 elevation. Osmek stated that he has gone through this application many times and expressed his disapproval, but has received the professional opinion of city staff, and in the absence of finding of fact in the negative, feels his hands are tied. He's looked for a reason not to approve this and one hasn't been shown to him. MOTION by Brown, seconded by Hanus to adopt the following resolution as amended. The following voted in favor: Brown, Hanus, Osmek. The following voted against: Meyer. Mayor Meisel abstained from voting. RESOLUTION NO. 03-93: RESOLUTION APPROVING THE FLOODPLAIN ALTERATION PERMIT (MCWD RULE C) AND CERTIFICATE OF WETLAND EXEMPTION FROM MARTIN SARENPA FOR THE PROPERTY LOATED AT 5446 BARTLETT BOULEVARD, PID #24-117-24-22-0003. David Hanson, 2583 Lost Lake Road, stated that he is very upset with this approval and the decision of the Council is unacceptable. Cathy Veit, 2563 Lost Lake Road, asked what the procedure is from here, who will be supervising the activity and what is the timetable. Smith explained the process and notifications that will occur, and stated that she will keep Yeit informed. Osmek wanted to make a point of information regarding the dock issue previously discussed. City staff has determined that the dock wasn't located in the correct place, and Osmek asked if the dock permit can be rescinded if the applicant doesn't relocate the dock to its correct location, or if the site would be removed entirely. It was determined that either could be done. 6 Mound Council Minutes - October 14, 2003 Osmek also asked about the issue of number of dwellings on the property. Smith stated that it has been determined that there are two dwellings in the house, which is not allowed, and the property owner has asked that he have until December 1st to rectify the situation, giving the tenant ample time to relocate. Hanus asked if the property has been cited for this and Smith answered not to her knowledge. Hanus asked that the property be cited immediately because this is the first step in the court process, should the matter get that far. Smith will work with the prosecuting attorney with regard to this issue. 13. SET SPECIAL BUDGET WORKSHOPS MOTION by Osmek, seconded by Brown to set two special budget workshops for November 6, 2003, at 6:30 p.m. and November 13, 2003, at 6:30 p.m. All voted in favor. Motion carried. 13A. MOTORIZED SCOOTERS Brown requested the addition of this item to the agenda for purposes of discussion. He would like to see if there is a way that the city can allow kids to ride their motorized scooters within the city. Kandis Hanson indicated that John McKinley has previously prepared a memo with regard to motorized scooters, and will get a copy of this to the Council for future consideration. 14. INFORMATION/MISCELLANEOUS A. FYI: Charitable gambling donation B. FYI: Letters on crosswalks C. Report: Police Department- Aug 2003 D. Letters: Homecoming Parade E. Letter: Contribution to Taste of the Lakes F. Article: From the Charlotte ICMA Conference G. Minutes: Docks and Commons Commission H. Newsletter: Gillespie Center I. Correspondence: LMCD J. Calendars: LMCC K. City Clerk Bonnie Ritter receives certificate of distinction 15. ADJOURN MOTION by Brown, seconded by Osmek to adjourn at 9:40 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 7