2014-10-28 CC Meeting MinutesMOUND CITY COUNCIL MINUTES
October 28, 2014
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on
Tuesday, October 28, 2014, at 7:00 p.m. in the council chambers of the Centennial Building.
Members present: Mayor Mark Hanus; Council members Mark Wegscheid, Kelli Gillispie and
Ray Salazar
Members absent: Heidi Gesch
Others present: City Manager Kandis Hanson, Fin Dir /Clerk/Treasurer Catherine Pausche,
Community Development Director Sarah Smith, Rita Trapp, Carlton Moore, Dan Faulkner, John
Colotti, Jay Green, Laura Mattioli, Justin Rock, Noah Sweet, Jeff Flattum, Max Brecke, Craig
Rose, Sandy Kennedy, Caleb Fetters, Anders Larson, Zach Kloh, Mike, Herd, Connie Meyer,
Blake Rosenberg, Cameron Briarly, Shaun Shansen, Bob Lien, Sam Owens, Nate Owens,
Kelvin Retterath, taylor Miller, Alexander Hayes, Jacquie Ziegler.
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 7:00 p.m.
2. Pledae of Alleaiance
3. Approve agenda
Hanson requested Item 4E be amended to read 1586 Bluebird instead of 1568 Bluebird.
MOTION by Salazar, seconded by Wegscheid, to approve the agenda as amended. All voted in
favor. Motion carried.
4. Consent Agenda
Hanson requested the removal of item 4G until a future meeting.
Hanus requested Item 4D and 4F be pulled for discussion.
MOTION by Salazar, seconded by Wegscheid, 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 $417,763.89.
B. Cancel regular meeting set for Dec. 23, 2014
C. RESOLUTION NO. 14 -86: RESOLUTION AUTHORIZING CONTINUANCE OF THE
LANGDON AREA CENTRAL BUSINESS DISTRCIT PARKING PROGRAM FOR 2014
-2015.
D. Pulled
Mound City Council Minutes — October 28, 2014
E. RESOLUTION NO. 14 -87: RESOLUTION APPROVING EXPANSION PERMIT FOR
Ii6T.I:1 :1R11:11 .y *14 all W-3 4
F. Pulled.
G. Removed.
Mayor Hanus asked for this item to be pulled in order to add another condition.
Hanus stated it is always a good idea to have many and strong findings in planning cases.
Hanus requested page 2238 item #5 be added to read as follows: The unusually wide
boulevard at this location further minimizes the impact of the variance.
MOTION by Hanus, seconded by Salazar to approve Consent Agenda Item 4D as amended. All
voted in favor. Motion carried.
RESOLUTION NO. 14 -88: RESOLUTION APPROVING VARIANCE FOR 5168 TUXEDO
BOULEVARD PID NO. 24- 117 -24 -34 -0003
asked for item 4F to be pulled for discussion.
Sarah Smith stated a request was made to create a new unit to allow for the possible sale of
Jubilee Foods to the occupant, similar to Harbor Wine and Spirits and Westonka Animal
Hospital.
Planner Trapp said the only reason City involved is because it is a party to the agreement.
MOTION by Hanus, seconded by Salazar, to approve the Consent and Joinder for Third
Amendment to Declaration of Mound Market Place. All voted in favor. Motion carried.
5. Comments and suggestions from citizens present on any item not on the agenda.
None were offered.
ri
Faulkner stated that on September 23, 2014, the Council ordered an engineering feasibility
report and that the Bartlett Boulevard water main will be replaced in three phases from 2014 —
2016. Phase II for 2015 includes the section of Commerce Boulevard to the Lost Lake outlet
bridge and will use pipe bursting and trenchless technology once again. Faulkner stated that 20
service hook ups /curb stops and three hydrants will be replaced and that this project is being
proposed in anticipation of the county's mill and overlay of the road.
Mound City Council Minutes — October 28, 2014
Faulkner summarized the estimated cost of $434,460, including a 5% contingency, and 20%
indirect for a total of $521,350.
MOTION by Salazar, seconded by Wegscheid, to approve the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 14 -89: RESOLUTION RECEIVING REPORT AND AUTHORIZING
PREPARATION OF PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT
FOR BIDS FOR BARTLETT BOULEVARD WATERMAIN REPLACEMENT, COMMERCE
BOULEVARE TO LOST LAKE BRIDGE, CITY PROJECT NO. PW -15 -09
7. John Colotti, Liquor Store Manager, requestinq discussion /action on Resolution
Colotti stated the current 12 year old fixtures take T8 70 "/70 watt fluorescent bulbs. Colotti said
the trend is to replace fluorescent with LED lighting. A total of 46 bulbs are needed for all of the
fixtures.
Colotti stated the proposal is to replace the fixtures with a 5 foot LED strip that should last about
20 years. Colotti said because the existing bulbs are on the doors, they are subject to more
wear and tear, break easily, and have to be specially recycled. Colotti said the vendor will apply
for the rebate of $100 per door directly, thereby reducing the City's upfront cost.
Hanus clarified the annual savings in electricity is estimated to be $3,100 less.
Salazar estimated the pay -back is 6 years for the cost of the new fixtures, but that will be
reduced by the savings in electric expense.
Gillispie ask to confirm the City will require the vendor to apply for the rebate and Colotti said
yes.
The resolution was omitted from the packet, and Colotti passed around the resolution from a
prior packet. Hanus asked the not to exceed number to be stated as $5,600.
MOTION by Salazar, seconded by Wegscheid, to approve the following resolution as amended.
All voted in favor. Motion carried.
RESOLUTION NO. 14 -90: RESOLUTION AUTHORIZING A LIQUOR LIGHTING RETROFIT
PROJECT
8. Jav Green, representative to LMCD, requestinq discussion on public hearing on quiet
Green stated a request was received for a quiet waters area near Three Points. Green
explained the LMCD process for responding to the request and asked if the Council has any
input. Green stated after the request was made, staff conducted observations which the public
safety committee reviewed and called for a public hearing on November 12, 2014 in Wayzata
City Hall. Green stated a direct mail campaign was conducted to inform people on the affected
shoreline and publications were made to advertise the hearing.
Green stated the LMCD chose safety and not environmental /erosion since environmental issues
occur all over the lake. Green said that basically the same request was made in 1997, and the
Mound City Council Minutes — October 28, 2014
Sheriff made a recommendation for a portion to be a quiet zone, but that was not approved by
the LMCD. In 2014, Staff went out 6 times to observe and has made a recommendation not to
approve. The possible outcomes from the hearing would be to (1) adopt the change (2) dismiss
or (3) make alterations.
Hanus said he appreciated the opportunity for feedback. Hanus said his feeling is things should
not be changed unless there is a very good reason to change it. He feels if the LMCD were to
adopt the change, it should extend to the existing no -wake zone instead of having a narrow lane
in between. Wegscheid stated if anything, the 1997 Sheriff recommendation should be
considered. Gillispie asked if any incidents were reported in the area and Green said the
Sherriff did not note any incidents. Gillispie stated she is very familiar with the area and does
not see the necessity, with perhaps the exception of Derring Island since the passing is narrow.
Salazar said changes should be made for safety, and he sees no reason in this case.
9. Planning Commission Recommendations
A. Planning Case No. 14 -23: Public Lands Permit and Variances
Property: 4730 Galway Road
Applicant: Justin Rock
Requested Actions:
1. Action on Resolution to Approve a Public Lands Permit from Justin Rock
for 4730 Galway Road
2. Action on Resolution Approving Variance for 4730 Galway Road
Smith stated to create access via an undeveloped road and installing utilities requires a
Public Lands Permit. Smith stated the improvements will be made on north side and that
the Planning commission made a unanimous recommendation to approve.
Hanus was asked why vacating the road was not considered. Smith stated the unimproved
roadway provides access to commons. Smith said to vacate roads that extend to public
water requires DNR approval and they typically prefer right of way be preserved. Hanus
stated the City could retain an easement and even create a path to the lake. Smith said the
debate was had and Staff saw value and a public purpose for retaining it. Hanus stated he
was just looking for the cleanest path. Salazar asked what is involved in vacating. Smith
stated vacation triggers State Statute and must be routed to the Department of Natural
Resources for approval. Smith said the applicant is aware of both options.
Justin Rock, 4730 Galway Road, stated he would prefer the road to be vacated, but wanted
the simpler path since it is a condition of the financing and the closing is set for Friday.
MOTION by Salazar, seconded by Wegscheid, to approve the following resolution. All voted
in favor. Motion carried.
RESOLUTION NO. 14 -91: RESOLUTION TO APPROVE A PUBLIC LANDS PERMIT FOR
PROPERTY AT 4730 GALWAY ROAD PID 19- 117 -23 -23 -0139
Smith stated that since direct abutting frontage to a developed road is typically required, a
variance is required for that and the reduced front set -back. Smith noted that the lot is
conforming in terms of lot size and Lakeshore. Staff supported the reduced setback with
conditions.
Mound City Council Minutes — October 28, 2014
Smith stated some favorable items to note are that the plan is for a single level walk -out and
only a portion of the structure requires the front set -back. The Planning Commission asked
the set -back be at a minimum of 6 foot front setback to be similar to the side setback and
that only 20% of the structure be allowed to be in the variance area. In addition, reasonable
use, impact on neighbors, and fit within neighborhood was discussed. All Planning
Commissioners voted in favor with exception of one who wanted a 10 foot front setback.
Smith noted a revised resolution was distributed to the Council.
MOTION by Salazar, seconded by Wegscheid, to approve the following resolution, as
amended. Hanus offered a friendly amendment to replace the stricken item 15 with the new
item 15. Motion makers accepted the friendly amendment. All voted in favor. Motion
carried.
RESOLUTION NO. 14 -92: RESOLUTION APPROVING VARIANCES FOR 4730 GALWAY
ROAD PLANNING CASE NO. 14 -23 PID 19- 117 -23 -23 -0139.
B. Presentation /discussion from Planning Commissioner Kelvin Retterath regarding
stormwater management techniques and accessory dwelling units
Retterath is a Planning Commissioner who practices in the residential /architectural field.
Retterath stated he would like to encourage a discussion of accessory dwelling units (ADU)
and stated he has been working on some of them in other communities who have embraced
them as it keeps people in town and their expenditures local. Bloomington specifically
requires the ADU to look like part of the main house which creates a new housing unit that
respects the character of single family dwellings. Retterath suggested a limit of one ADU
per property. Retterath stated ADUs make more efficient use of existing infrastructure and
provide for independent living by essentially adding a 360 feet studio apartment for a
potential caregiver, grandparent, and /or renter. Retterath stated owner occupation of the
main living space is key to deterring problems and keeping rental income local. Retterath
noted Mound's code currently requires a single family minimum of 840 square feet, which
requires a significant investment.
Retterath is requesting the Council to direct Staff to look into what other cities are doing and
come back with recommendations, similar to the parking study.
Hanus asked about restrictions on minimum lot size. Retterath responded that Bloomington
ADUs can't be larger than principal structure. Hanus asked if all ADUs are attached to the
principal sturcture and Retterath said it open to debate. Hanus asked if each unit had to
maintain its own standards or if code would be adapted specifically for ADUs. Hanus said
he has been against the concept because the City has ample rental already and it could
encourage people to build storage units on small lots, creating problems. Hanus said he
tries to consider the impact on the neighborhood and the need for variances when we are
already granting so many as it is. Wegscheid said it is not guaranteed to raise property
value and may impact marketability. Retterath stated most concerns could be handled with
the design which can address convertibility back to a primary home and Bloomington's code
addresses that.
Wegscheid stated that Planning Commissioner Gawtry, who works for the City of Maple
Grove, said he found it to be a significant burden on Staff. Trapp noted Bloomington has a
rental ordinance as well and Mound does not. Retterath said the City can require additional
parking stalls.
Mound City Council Minutes — October 28, 2014
Hanus stated he does not want to further burden staff unless there is significant interest on
the part of Council. Wegscheid stated he would not support it at this time due to burden on
staff and tax on infrastructure. Salazar stated it was an interesting idea, but that he does not
want to saddle staff. Salazar said he would be open to Retterath looking into if further.
Gillispie thanked Retterath for his work and stated that she learned a lot, but that she is not
hearing that there is a demand in the community right now and that there are competing
priorities. Hanus agreed with Gillispie and stated perhaps in the future.
Retterath went on to discuss storm water management techniques and hardcover
restrictions. Retterath stated underground drain fields could be used as an alternative to
impervious pavers, which is more affordable. Smith stated the hardcover calculation does
require storm water management. Currently, an engineered pervious paver drive -way is the
standard. Smith said verifiable standards have to be developed and that engineers have to
sign off on it. It was noted that the City has already worked with the Watershed District on
some new technologies, including the Wolner Field parking lot.
Mayor Hanus directed staff to research alternatives and bring back options to the Council.
10. Kandis Hanson, City Manager, requesting discussion /action on:
A. An Ordinance Amending Chapter 10 of the Mound City Code as it Relates to
Amusements
Hanson said this is updated language that was inadvertently removed during the 2009
recodificiation and is needed in order to allow the City to permit music after the 10:00 pm noise
ordinance.
MOTION by Hanus, failed a second. Wegscheid asked about the concerns raised during the
last discussion about repeat offenders. Hanson said any violation of the City Code is a
misdemeanor. Gillispie is aware of an individual who continued to call to complain but the
Police did not agree that it was in violation so that could be a problem, too. Discussion ensued
and it was determine the police would have to deal with those instances.
MOTION by Hanus, seconded by Wegscheid, to approve the following Ordinance, as amended.
All voted in favor. Motion carried.
ORDINANCE 09 -2014: AN ORDINANCE AMENDING CHAPTER 10 OF THE MOUND CITY
CODE AS IT RELATES TO AMUSEMENTS
B. Resolution Authorizing Publication of An Ordinance by Title and Summary, as it
Relates to Amusements
MOTION by Hanus, seconded by Wegscheid, to approve the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 14 -93: RESOLUTION AUTHORIZING PUBLICATION OF AN
ORDINANCE BY TITLE AND SUMMARY, AS IT RELATES TO AMUSEMENTS
11. Information /Miscellaneous
Mound City Council Minutes — October 28, 2014
A. Comments /reports from Council members /City Manager
Hanson called attention to item 11 D to acknowledge the Beises' retirement after many
years of dedicated service, including founding the Spirit of the Lakes Festival
organization. Hanson wants to encourage the public to make contact with the Beises or
her if they are interested in serving on the Spirit of the Lakes Festival Board.
Hanson stated there is another special event at Harbor Wine and Spirits on December
3rd which is the Repeal of Prohibition Sale.
B. Minutes: Planning Commission — Sept. 2, 2014
C. Reports: Finance Department — Sept. YTD
Update on FEMA reimbursement effort — Oct. 2, 2014
Harbor Wine & Spirits — Oktoberfest & Sept. YTD
Met Council Housing Performance Scores
D. Correspondence: Beises' retirement from Spirit of the Lakes Festival
12. Adiourn
MOTION by Wegscheid, seconded by Gillispie, to adjourn at 9:14 p.m. All voted in favor.
Motion carried.
Mayor Mark - Elands
Attest: Catherine Pausche, Clerk